What Happens After a DUI Arrest in California, Texas & Florida (2026)
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What Happens After a DUI Arrest in California, Texas & Florida (2026)
Last updated: April 2026 · Covers California, Texas, and Florida · Legal information only — not legal advice
The short answer: A DUI arrest sets off two separate legal processes simultaneously: a criminal case in court and an administrative action against your driver's license through the DMV. Most people focus on the criminal case — but the DMV process has a shorter deadline and often moves faster. In all three states, you typically have only 10 days from the arrest to request a DMV hearing to fight your license suspension. If you have been arrested for DUI, contact a DUI defense attorney immediately.
Two Processes, Two Deadlines
This is the most important thing to understand about a DUI arrest: you are not dealing with one legal matter. You are dealing with two that run simultaneously and require separate actions.
The criminal case — handled by the district attorney or prosecutor in the court system. This is where charges are filed, pleas are entered, and penalties including jail, fines, and probation are determined.
The administrative DMV action — handled by your state's motor vehicle authority, entirely separate from the criminal court. This process focuses only on your driving privileges, and it moves on its own timeline regardless of what happens in criminal court.
Many people arrested for DUI focus entirely on the criminal case and miss the DMV deadline — resulting in an automatic license suspension that could have been challenged.
Immediately After Arrest: What Happens at the Scene
When a law enforcement officer arrests someone for DUI, the following typically occurs:
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Chemical testing. The officer will request a breath, blood, or urine test. In all three states, implied consent laws mean that refusing this test triggers automatic consequences — typically a longer license suspension than you would face for failing the test. The specific consequences of refusal vary by state.
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Vehicle impoundment. Your vehicle will typically be impounded at your expense. Impound and storage fees can accumulate quickly — often $100–$400 or more depending on how long the vehicle is held.
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Booking. You will be transported to a local jail or detention facility, photographed, fingerprinted, and processed.
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Temporary driving permit (in California). California law enforcement takes your physical driver's license at the scene of a DUI arrest and issues a pink temporary driving permit valid for 30 days (or until a DMV hearing decision, whichever comes first). Texas and Florida handle this differently — see state-specific sections below.
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Bail and release. For a first-offense DUI with no aggravating factors, you may be released on your own recognizance (O.R.) or after posting bail. Bail amounts for DUI vary widely by jurisdiction.
The Critical 10-Day Window: Requesting a DMV Hearing
In all three states, you have a narrow window after a DUI arrest to request an administrative hearing to challenge the automatic license suspension. Missing this deadline results in an automatic suspension with no hearing.
| State | DMV deadline | Who to contact |
|-------|:------------:|---------------|
| California | 10 days from arrest | CA DMV Driver Safety Office — request "Admin Per Se" hearing |
| Texas | 15 days from notice | TX SOAH (State Office of Administrative Hearings) |
| Florida | 10 days from arrest | FL DHSMV — request formal or informal review |
This deadline runs from the date of arrest — not from when you are released, not from when you hire an attorney. A DUI defense attorney will almost always handle this DMV request as part of their initial engagement.
The DMV hearing is separate from and does not affect your criminal case. Winning the DMV hearing means your license is not automatically suspended during the case. Losing the DMV hearing does not mean you lose your criminal case.
The Criminal Case Timeline
Arraignment
Your first court appearance after a DUI arrest is the arraignment — typically within 48–72 hours of arrest for in-custody defendants, or within a few weeks for those released on bail. At the arraignment:
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The charges against you are formally read
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You enter an initial plea (almost always "not guilty" at this stage)
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Bail is reviewed or set
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Future hearing dates are scheduled
Pre-trial proceedings
After arraignment, the criminal case moves through a series of hearings:
Discovery: Your attorney requests all evidence the prosecution intends to use — arrest reports, chemical test results, dashcam or bodycam footage, field sobriety test documentation, and calibration records for any breath testing devices.
Motions: Your attorney may file pre-trial motions challenging the legality of the traffic stop, the administration of field sobriety tests, the reliability of chemical test results, or other aspects of the evidence. If a motion to suppress evidence is granted, the prosecution's case may be significantly weakened.
Plea negotiations: Many DUI cases are resolved through negotiated pleas rather than trial. Common outcomes include reduced charges (such as "wet reckless" — reckless driving with alcohol involvement) or negotiated sentencing terms.
Trial (if the case is not resolved by plea)
If your case goes to trial, you have the right to a jury trial in all three states. The prosecution must prove guilt beyond a reasonable doubt. Evidence at trial typically includes the arresting officer's testimony, chemical test results, dashcam footage, and field sobriety test performance.
State-by-State: What Happens After a DUI Arrest
California
Criminal charge: DUI in California is charged under Vehicle Code § 23152. A first-offense DUI is typically a misdemeanor; a felony DUI is charged when there is a prior felony DUI conviction, serious bodily injury to another person, or three or more prior DUI convictions within 10 years.
DMV action: California's Admin Per Se (APS) process automatically suspends your license if you fail (BAC ≥ 0.08%) or refuse a chemical test. The suspension begins 30 days after arrest unless you request a hearing within 10 days.
Court process: A first-offense misdemeanor DUI case in California typically takes 3–12 months to resolve, depending on the county and whether the case goes to trial.
Key California distinction: California's DMV hearing and criminal court are entirely separate. A "not guilty" verdict in criminal court does not automatically reinstate your license if you lost the DMV hearing.
Texas
Criminal charge: Texas charges DUI as DWI (Driving While Intoxicated) under Transportation Code § 49.04. A first-offense DWI is a Class B misdemeanor. Texas does not use the term "DUI" for adult offenders — that term in Texas law refers specifically to minors (DUIA — driving under the influence of alcohol as a minor).
License action: Texas uses an Administrative License Revocation (ALR) process. If you fail or refuse a chemical test, the officer serves you with a notice of suspension. You have 15 days from receiving that notice to request an ALR hearing. Missing this deadline results in automatic suspension.
Ignition interlock: Texas courts frequently order ignition interlock devices as a condition of bail for DWI defendants with elevated BAC levels. This means you may be required to install the device before your criminal case is resolved.
Florida
Criminal charge: Florida DUI is charged under Statute § 316.193. A first-offense DUI is a misdemeanor of the second degree (unless involving injury, property damage, or a BAC of 0.15 or higher, which escalates the charge).
License action: Upon arrest, Florida law enforcement issues a 10-day driving permit and takes your license. You have 10 days to request a formal or informal review of the suspension with the Florida DHSMV. An informal review is conducted on the written record; a formal review allows for a hearing with witnesses and evidence.
Florida's unique DUI school requirement: Florida requires all DUI convicts — even first offenders — to complete a DUI education program before their license can be reinstated. This applies regardless of other sentencing outcomes.
What to Do Right Now If You Were Just Arrested for DUI
Step 1: Contact a DUI defense attorney today. Not tomorrow, not after the weekend. The 10-day (California and Florida) or 15-day (Texas) DMV deadline begins running from the date of arrest. An attorney will request the DMV hearing, preserve your driving privileges during the case, and begin gathering evidence.
Step 2: Write down everything you remember. Where you were, what you ate and drank, when, the circumstances of the traffic stop, everything the officer said, whether you performed field sobriety tests and how, and anything unusual about the chemical testing process. Memory fades quickly — document it now.
Step 3: Gather any evidence. Receipts from restaurants or bars showing what you consumed. Surveillance footage from venues you visited. Names of witnesses who can attest to your sobriety.
Step 4: Do not discuss the case. Do not post about it on social media. Do not discuss it with anyone other than your attorney. Anything you say can be used in your criminal case.
Step 5: Retrieve your vehicle. Contact the impound facility to find out how to retrieve your vehicle and what fees have accrued. Your attorney can sometimes assist with reducing impound fees.
Frequently Asked Questions
Can I drive after a DUI arrest?
In California, you receive a 30-day temporary driving permit. In Texas and Florida, the situation depends on whether you requested an ALR or DHSMV hearing within the deadline — if you did, you typically retain driving privileges until the hearing. If you did not request a hearing, your license may be suspended. Confirm your specific driving status with an attorney immediately.
Will a DUI arrest show up on a background check even if I'm not convicted?
An arrest without conviction may appear in some background checks depending on the type of check and the state's reporting practices. An arrest is not a conviction, but it may be visible in criminal history records. Expungement or record sealing (where available) can address this after the case is resolved.
What is the difference between a DUI and a DWI?
In California and Florida, the charge is DUI (Driving Under the Influence). In Texas, the adult charge is DWI (Driving While Intoxicated). The practical distinction between the terms varies by state — see our dedicated post on DUI vs. DWI for a full breakdown.
Can a DUI charge be reduced or dismissed?
Yes — DUI charges can be reduced (for example, to "wet reckless" in California), dismissed due to insufficient evidence, or resolved through diversion programs in some jurisdictions. The strength of available defenses depends on the specific facts of your case. This is why an experienced DUI defense attorney is essential.
How long does a DUI case take to resolve?
First-offense misdemeanor DUI cases typically take 3–12 months, depending on the state, county, and whether the case goes to trial. Cases involving injuries, prior convictions, or complex evidentiary issues take longer.
This page provides general legal information about DUI arrest procedures in California, Texas, and Florida. It is not legal advice and does not create an attorney-client relationship. DUI law is complex and highly fact-specific. If you have been arrested for DUI, contact a licensed DUI defense attorney in your state immediately.