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.
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.
- 1DUI Arrest
- 2Chemical Testing or Alleged Refusal
- 3Driver's License and DMV Paperwork
- 4DMV Administrative Process
- 5Criminal Court Date
- 6Review of Police Reports and Evidence
- 7Pretrial Proceedings
- 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.
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).
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.
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
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
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
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
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 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
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
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.
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
- 1Review the Order of Suspension or Revocation provided after your arrest.
- 2Identify the DMV hearing deadline — it may be time-sensitive.
- 3Preserve all paperwork from the arrest.
- 4Write down what happened while events are still fresh.
- 5Save photographs, videos, receipts or other potentially relevant evidence.
- 6Identify possible witnesses.
- 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
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.
Frequently Asked Questions
How long do I have to request a DMV hearing after a California DUI arrest?
Is the DMV hearing separate from my DUI court case?
Can I drive after a DUI arrest?
Do I have to appear in court for a DUI?
Can my DUI be reduced to wet reckless?
What happens if I refused the breath or blood test?
Can a lawyer challenge my BAC result?
What happens on a second DUI?
Can DMV suspend my license before my criminal case is finished?
Should I hire a DUI attorney before my first court date?
What is the difference between VC 23152(a) and VC 23152(b)?
Can I be charged with DUI if my BAC was below .08?
What happens after a DUI arrest in San Bernardino County?
Does a DUI arrest automatically suspend my driver's license?
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 & Associates9333 Base Line Road, Suite 100
Rancho Cucamonga, CA
909-466-9800