DUI Defense

DUI Defense Lawyer in San Bernardino County

Arrested for DUI in California? Your criminal case and your driver's license may require immediate attention.

A California DUI arrest can trigger two separate proceedings: a criminal DUI case in court and an administrative driver's license action through the California Department of Motor Vehicles. Tarman Law represents people facing DUI charges and DMV proceedings throughout San Bernardino County and Southern California.

More Than 25 Years of Criminal Defense ExperienceRancho Cucamonga, CaliforniaServing San Bernardino County and Southern California

After a California DUI arrest, a driver may face both a criminal court case and a separate DMV administrative action involving driving privileges. The documents provided after the arrest may contain important deadlines, including the deadline to request a DMV hearing.

A DUI Arrest Can Trigger a Separate DMV Deadline

California DMV states that a driver generally has 10 days after receiving an Order of Suspension or Revocation to request an administrative hearing. The DMV hearing is separate from the criminal DUI court case. If you were recently arrested for DUI, review the documents provided after your arrest and act promptly.

What Happens After a DUI Arrest in California

Every DUI case is different. The typical process following a California DUI arrest can involve multiple stages across two separate proceedings.

  1. 1DUI Arrest
  2. 2Chemical Testing or Alleged Refusal
  3. 3Driver's License and DMV Paperwork
  4. 4DMV Administrative Process
  5. 5Criminal Court Date
  6. 6Review of Police Reports and Evidence
  7. 7Pretrial Proceedings
  8. 8Negotiations, Motions or Trial

Two Separate Proceedings

The criminal court case and DMV administrative proceeding are separate. The result of one does not automatically determine the result of the other.

The Criminal DUI Case

The criminal DUI proceeding occurs through the court system. Depending on the facts and circumstances, the process may involve criminal charges, arraignment, pretrial hearings, review of evidence, motions, negotiations, and potentially trial. If the case is resolved by plea or conviction, sentencing follows.

  • Criminal charges
  • Arraignment
  • Pretrial hearings
  • Evidence review
  • Motions
  • Negotiations
  • Trial
  • Sentencing if convicted or resolved by plea

The DMV Driver's License Case

The California DMV separately determines administrative issues involving driving privileges through the Administrative Per Se (APS) process. This proceeding is independent of the criminal court case and can result in licensing action on its own timeline.

  • Administrative Per Se action
  • DMV hearing request
  • Chemical-test evidence
  • BAC allegations
  • Chemical-test refusal allegations
  • Driver's license suspension or revocation

California DUI Charges

California DUI law covers a range of charges and circumstances. Understanding the specific allegations in your case is an important first step.

VC 23152(a)

Driving Under the Influence

California Vehicle Code section 23152(a) addresses driving under the influence of alcohol. A conviction under this section does not require a specific BAC level — the prosecution must show that the driver's ability to operate a vehicle was impaired by alcohol. This charge is often filed alongside VC 23152(b).

VC 23152(b)

Driving With 0.08% BAC or Higher

Vehicle Code section 23152(b) generally addresses driving with a blood alcohol concentration of 0.08% or higher. This provision applies to most adult drivers. Different BAC thresholds may apply to commercial drivers and drivers under 21. A reported BAC result does not end the inquiry — how the result was obtained matters.

VC 23153

DUI Causing Injury

Allegations involving DUI and injury to another person can result in substantially more serious criminal exposure. Depending on the circumstances, VC 23153 may be prosecuted as a misdemeanor or felony. The severity of the injury, the cause of the collision, and other factors all become relevant to how the case is charged and resolved.

First DUI

First DUI

A first DUI in California can involve both criminal court consequences and a separate DMV driver's license action. Potential issues in the criminal case can include probation, DUI education requirements, fines and assessments, driving restrictions, and ignition interlock requirements or options depending on eligibility. The specific outcome depends on the facts, BAC level, and other circumstances of the individual case.

Second DUI

Second DUI

Prior DUI convictions within the applicable statutory period can substantially affect potential consequences in a new DUI case. A DUI attorney should evaluate the dates of prior offenses and convictions, prior probation terms, DMV history, prior alcohol programs, and whether any alleged prior legally qualifies. Repeat DUI cases can involve greater criminal and driver's license consequences.

Third DUI

Third DUI

Repeat DUI allegations carry greater potential consequences and require careful review of prior cases and DMV history. A third DUI within the applicable lookback period can result in significantly increased criminal exposure and more serious driver's license consequences. Each prior must be evaluated to determine whether it legally qualifies as a prior.

Felony DUI

Felony DUI

Certain circumstances can cause a DUI to be prosecuted as a felony rather than a misdemeanor. These can include a DUI causing injury or death, a fourth or subsequent DUI within the applicable period, or a prior felony DUI conviction. Felony DUI allegations carry substantially more serious potential consequences and require thorough defense review.

DUI — Drugs

DUI Involving Drugs

California DUI law is not limited to alcohol. A person can potentially face DUI allegations involving prescription medications, cannabis, illegal drugs, controlled substances, or combinations of substances. Drug DUI cases may depend heavily on driving evidence, officer observations, drug recognition evaluation, blood testing, toxicology, dosage, timing, and other medical or factual circumstances.

Underage DUI

Underage DUI

Different BAC standards and DMV consequences can apply to drivers under age 21. California's zero-tolerance laws impose lower BAC thresholds for underage drivers, and the DMV consequences can differ from those applicable to adult drivers. An underage DUI arrest should be reviewed carefully given the potential long-term impact on a young person's driving record and future.

Chemical Test Refusal

Chemical Test Refusal

California's implied-consent laws can create additional consequences when DMV or prosecutors allege that a driver unlawfully refused or failed to complete a required chemical test after a DUI arrest. Refusal cases can raise issues concerning whether the person was lawfully arrested, what instructions or warnings were provided, whether there was actually a refusal, medical issues, communication issues, and officer documentation.

Facing a DUI Injury Charge? Call 909-466-9800

Reviewing the DUI Evidence

A DUI arrest does not automatically establish that the prosecution can prove every element of the case. A defense attorney can review how the stop, investigation, arrest and chemical testing were conducted.

The availability and strength of any defense depend on the facts, evidence and circumstances of the individual case.

Reason for the traffic stop
Driving observations
Body-camera and dash-camera footage
Officer observations
Field sobriety tests
Preliminary alcohol screening
Breath testing procedures
Blood testing and chain of custody
Chemical-test timing and procedures
Maintenance and calibration records
Police reports and witness statements
Video surveillance
Search-and-seizure issues
Medical information when legally relevant

Breath Test Evidence

Breath-test evidence can be reviewed and, depending on the facts, challenged based on issues involving the testing procedure, equipment, timing, maintenance, calibration or other evidence. Merely having a reported BAC result does not eliminate the need to evaluate how the result was obtained.

Blood Test Evidence

Blood-test evidence may require review of collection procedures, handling, storage, laboratory testing, documentation, timing, chain of custody, and other relevant forensic issues. The existence of a blood-test result does not mean the evidence cannot be evaluated or contested.

Field Sobriety Tests

Officers may use field sobriety exercises as part of a DUI investigation. Performance can potentially be affected by factors such as instructions given, road conditions, lighting, footwear, physical condition, medical conditions, fatigue, nervousness, and how the test was administered. These factors do not automatically invalidate a test, but they are relevant to a thorough defense review.

Can a DUI Be Reduced to Wet Reckless?

Depending on the evidence, criminal history and circumstances of the case, DUI cases can sometimes result in negotiated dispositions involving reduced charges. A wet reckless under Vehicle Code section 23103.5 may be one potential negotiated disposition in appropriate cases. A reduction is not guaranteed. Every DUI case must be evaluated individually.

Steps to Take After a DUI Arrest

  1. 1Review the Order of Suspension or Revocation provided after your arrest.
  2. 2Identify the DMV hearing deadline — it may be time-sensitive.
  3. 3Preserve all paperwork from the arrest.
  4. 4Write down what happened while events are still fresh.
  5. 5Save photographs, videos, receipts or other potentially relevant evidence.
  6. 6Identify possible witnesses.
  7. 7Contact a DUI defense attorney promptly.

Your Defense Attorney

Kirk M. Tarman

California Criminal Defense Attorney

Kirk M. Tarman and the Law Offices of Kirk M. Tarman & Associates have more than 25 years of criminal defense experience representing people facing DUI and criminal charges in Southern California. A DUI defense requires examining more than the reported BAC number. The defense should evaluate the traffic stop, officer observations, chemical testing, DMV proceeding and other evidence relevant to the individual case.

Reviewed by Kirk M. Tarman

California Criminal Defense Attorney

Last Updated: September 2026

Call 909-466-9800Call 909-466-9800
Kirk M. Tarman — California DUI Defense Attorney, Law Offices of Kirk M. Tarman & Associates, Rancho Cucamonga

Serving San Bernardino County

Tarman Law is based in Rancho Cucamonga and represents people facing DUI cases throughout San Bernardino County. The firm regularly handles matters in Rancho Cucamonga, San Bernardino, Ontario, Fontana, Upland, Chino, Chino Hills, Victorville, Rialto, Redlands, Highland, Hesperia, and Apple Valley.

Rancho CucamongaSan BernardinoOntarioFontanaUplandChinoChino HillsVictorvilleRialtoRedlandsHighlandHesperiaApple Valley

Frequently Asked Questions

How long do I have to request a DMV hearing after a California DUI arrest?
California DMV generally provides 10 days from receipt of the Order of Suspension or Revocation to request an administrative hearing. Because the deadline is important and individual circumstances can vary, review the notice provided after the arrest and act promptly.
Is the DMV hearing separate from my DUI court case?
Yes. The DMV administrative hearing concerns your driving privilege. The criminal DUI case is handled separately through the court system. A result in one proceeding does not automatically decide the other.
Can I drive after a DUI arrest?
Whether you can drive after a DUI arrest depends on your driver's license status, any temporary license paperwork provided at the time of arrest, other existing suspensions, and your individual circumstances. Do not assume driving eligibility without reviewing your specific paperwork and speaking with an attorney.
Do I have to appear in court for a DUI?
Appearance requirements depend on the charge, the proceeding, and any court orders. An attorney may sometimes be permitted to appear on behalf of a defendant in certain misdemeanor proceedings, but you should never assume you can miss a court date without specific legal advice about your case.
Can my DUI be reduced to wet reckless?
A wet reckless under Vehicle Code section 23103.5 can sometimes be negotiated depending on the evidence, criminal history, and circumstances of the case. It is not guaranteed. Every DUI case must be evaluated individually.
What happens if I refused the breath or blood test?
An alleged chemical-test refusal can create separate DMV consequences under California's implied-consent laws and may also affect the criminal DUI case. Refusal cases involve additional issues that should be reviewed carefully, including whether the arrest was lawful and what instructions were provided.
Can a lawyer challenge my BAC result?
Counsel can evaluate breath or blood testing, procedures, documentation and other evidence to determine whether there are legitimate legal or factual issues. The existence of a reported BAC result does not mean the evidence is beyond review.
What happens on a second DUI?
Qualifying prior DUI history can increase potential criminal and DMV consequences. A second DUI within the applicable lookback period can result in greater penalties, longer license suspensions, and additional requirements. The specific impact depends on the facts of the prior and the current case.
Can DMV suspend my license before my criminal case is finished?
Yes. DMV administrative proceedings operate separately from the court case and can result in licensing action independently of the criminal outcome. This is why the DMV hearing deadline matters — the two proceedings run on separate tracks.
Should I hire a DUI attorney before my first court date?
Contacting counsel early can provide additional time to evaluate DMV deadlines, obtain evidence, and prepare for court. Given that the DMV hearing deadline may arise before the first criminal court date, early consultation is generally advisable.
What is the difference between VC 23152(a) and VC 23152(b)?
VC 23152(a) addresses driving under the influence of alcohol — the prosecution must show that the driver's ability to operate a vehicle was impaired, regardless of the specific BAC level. VC 23152(b) addresses driving with a blood alcohol concentration of 0.08% or higher — this is a separate charge based on the reported BAC result. Both counts are often filed together in the same case. A reported BAC result does not end the inquiry; how the test was administered and the reliability of the result are both subject to review.
Can I be charged with DUI if my BAC was below .08?
Yes. California Vehicle Code section 23152(a) addresses driving under the influence of alcohol based on impairment — not a specific BAC level. A driver can potentially be charged under VC 23152(a) even if the reported BAC was below 0.08%. The prosecution must show that the driver's ability to operate a vehicle was impaired by alcohol. Lower BAC thresholds also apply to commercial drivers and drivers under 21.
What happens after a DUI arrest in San Bernardino County?
After a DUI arrest in San Bernardino County, a driver typically faces two separate proceedings: a criminal court case and a DMV administrative action. The arresting officer may issue an Order of Suspension or Revocation on behalf of the DMV. The criminal case proceeds through the court system. Both proceedings require separate attention and have their own deadlines and procedures.
Does a DUI arrest automatically suspend my driver's license?
A DUI arrest does not automatically suspend your license, but it can trigger a DMV administrative process that may result in suspension. If you receive an Order of Suspension or Revocation, you generally have 10 days from receipt to request a DMV hearing. A timely hearing request can stay the suspension while the proceeding is pending. Missing the deadline can result in automatic suspension without a hearing.
Reviewed by Kirk M. Tarman — California Criminal Defense Attorney · State Bar No. 203966
Last Updated: September 2026

The Clock Can Start Immediately After a DUI Arrest

If you were recently arrested for DUI in California, do not focus only on the criminal court date. A separate DMV driver's license proceeding may already be underway. Contact Tarman Law to discuss your DUI case, DMV hearing and next steps.

Law Offices of Kirk M. Tarman & Associates
9333 Base Line Road, Suite 100
Rancho Cucamonga, CA
909-466-9800