IN DEFENSE OF LIBERTY for those accused. IN PURSUIT OF JUSTICE for those injured.
If You've Been Arrested for DUI in Grass Valley
You're probably feeling overwhelmed, scared, and unsure what to do next. That's completely normal. A DUI arrest is serious, but you have options and you have time to make informed decisions.
This page will walk you through exactly what happens from arrest through the court process in California. With over 20 years of DUI and criminal defense experience, I have in-depth knowledge of DUI laws and the criminal justice system. My goal here is to give you a clear roadmap so you understand what comes next.
⏰ Most Important Deadline
You have only 10 days from your arrest date to request a DMV hearing, or your license will automatically be suspended. This is separate from your criminal case and the deadline is strict.
Your Roadmap: What Happens Next
1 Right After Arrest (Days 1-10)
After you're released, you'll have a pink temporary license. This is valid for 30 days. During this time, you need to:
- Request a DMV hearing within 10 days (you can do this by phone or online)
- Keep your court date paperwork in a safe place
- Write down everything you remember about the stop while it's fresh
- Consider talking to an attorney (most offer free consultations)
2 Understanding the Two-Track Process
A DUI arrest in California creates two separate cases that run on parallel tracks. These are completely independent of each other - winning one doesn't mean you win the other.
⚖️ Criminal Court Track
Arraignment → Judge tells you the charges. You enter a plea.
Negotiations → DA may offer plea bargain. Your attorney negotiates.
Resolution → Plea deal, trial, or dismissal.
🚗 DMV License Track
10-Day Deadline → Request hearing or face automatic suspension.
DMV Hearing → Usually by phone. Reviews: Was stop legal? Was arrest justified? Was BAC 0.08%+?
Decision → Win: Keep license. Lose: Suspension with restricted options.
Critical to understand: These are completely separate proceedings. Winning one doesn't mean you win the other. You need to address both tracks.
3 What Are the Penalties?
California DUI penalties increase with each offense. Here's what you're potentially facing:
First DUI Offense
Second DUI Offense
- 2-year driver's license suspension
- Can usually get a "restricted" license after 90 days with IID
- 1 year minimum of driving with IID
Third DUI Offense
- 3-year driver's license suspension
- Can get restricted license after 180 days with IID
- 2 years of driving with IID
Important: These are standard penalties, but every case is different. Factors like your BAC level, whether anyone was injured, if you refused testing, and your prior record can all significantly affect the outcome. An experienced attorney can often negotiate reduced penalties or alternative sentencing.
4 The DMV Hearing Process
If you requested the hearing within 10 days, the DMV will schedule it (usually by phone). They only look at three questions:
- Did the officer have reasonable cause to stop you?
- Did the officer have probable cause to arrest you?
- Were you driving with a BAC of 0.08% or higher?
If you win, you keep your license. If you lose, your license gets suspended, but you have restricted license options (see Step 5).
5 Your Restricted License Options
California offers two different types of restricted licenses if your license is suspended due to DUI. Understanding these options is crucial because they can mean the difference between keeping your job and losing it.
Option 1: IID Restricted License (Recommended for Most People)
What it allows: You may drive at any time to any place, as long as your vehicle is equipped with an Ignition Interlock Device (IID).
How to apply:
- You can apply immediately—no waiting period
- Visit a DMV office (appointment recommended)
- Provide proof of enrollment in a DUI program
- Provide proof of insurance (SR-22)
- Provide proof of IID installation (form DL 920)
- Pay a $125 APS fee (for DMV suspension)
Duration: 4 months for the DMV suspension, or longer if you're also dealing with a court conviction
The IID device: You must blow into the device before the car will start. If it detects alcohol, the car won't start. You'll need to have it installed by an authorized installer and there are monthly maintenance costs (typically $70-150/month).
Option 2: Employment/Treatment Program Restricted License
What it allows: You may only drive to, from, and during your employment, and to and from your DUI program classes.
How to apply:
- You must first serve 30 days of your 4-month suspension
- Visit a DMV office (appointment recommended)
- Provide proof of enrollment in a DUI program
- Provide proof of insurance (SR-22)
- Pay a $125 APS fee
Duration: Up to 5 months for DMV suspension
Limitation: You cannot drive for personal errands, to take kids to school, for medical appointments, or for any reason other than work and DUI classes. This restriction can be difficult for many people to manage.
Which Option Should You Choose?
For most people, the IID restricted license is the better choice because:
- You can apply immediately without waiting 30 days
- You can drive anywhere, anytime (not just work)
- You maintain more flexibility for emergencies and daily life
- The IID restriction is only 4 months vs. 5 months for employment/treatment
The employment/treatment option might make sense if you have a very predictable work schedule and can't afford the IID installation and monthly fees, but the limitations are significant.
What is SR-22 Insurance?
SR-22 is not actually insurance—it's a certificate that your insurance company files with the California DMV to prove you carry at least the minimum required auto liability coverage (30/60/15).
When you need it:
- To reinstate your license after a DUI suspension
- To obtain any restricted license (IID or Employment/Treatment)
- After losing your DMV hearing or not requesting one
- Following a DUI conviction in court
The cost: SR-22 filing itself costs about $25-50, but your insurance premiums will increase significantly after a DUI—typically 50-100% or more. You'll pay these elevated rates for at least three years.
How it works: Contact your current insurance company or shop for a new one that handles SR-22 filings. They'll file the SR-22 form electronically with the DMV. You must maintain continuous coverage for three years—if your policy lapses even one day, the DMV will suspend your license again.
Important: Not all insurance companies offer SR-22 filings. Some may drop you entirely after a DUI, requiring you to find high-risk insurance providers. It's worth shopping around, as rates can vary significantly between companies.
6 Moving Forward
Even if convicted, people successfully move past DUIs every day. Potential outcomes include:
- DUI classes (some can be done online)
- Fines and fees
- Restricted license options as described above
- Possible jail time (often replaced with community service for first offenses)
- Probation (typically 3-5 years)
Frequently Asked Questions About DUI in Grass Valley
How much does a DUI lawyer cost in Nevada County?
Legal fees for DUI representation in Nevada County typically range from $2,500 to $7,500 for a first offense, depending on case complexity. More serious cases involving accidents, injuries, or multiple prior offenses will cost more. Many attorneys offer payment plans. While the upfront cost seems significant, consider that a conviction can cost tens of thousands in increased insurance premiums, lost wages from jail time, and lost employment opportunities. During a free consultation, you can discuss specific fees based on your situation.
Can a DUI be dismissed in California?
Yes, DUI cases can be dismissed, though it's not common. Dismissals typically occur when there are significant problems with the prosecution's case: illegal traffic stops, improperly administered tests, breaks in the chain of custody for blood samples, violations of your constitutional rights, or lack of sufficient evidence. Even when outright dismissal isn't possible, experienced attorneys often negotiate reduced charges like wet reckless or dry reckless, which carry significantly lighter consequences. Each case depends on its specific facts and evidence.
What happens if I miss the 10-day DMV deadline?
If you don't request a DMV hearing within 10 days of your arrest, your license will automatically be suspended starting 30 days after the arrest. For a first offense, this means a four-month hard suspension with no driving at all. However, you may still be eligible for a restricted license if you enroll in a DUI program and install an ignition interlock device. Missing the deadline doesn't affect your criminal case, but it does eliminate your chance to fight the administrative suspension at the DMV level.
Should I refuse a breathalyzer test in Grass Valley?
This is complicated. Before arrest, field sobriety tests and the preliminary roadside breath test are voluntary in California—you can refuse them without penalty. However, once you're arrested, you must submit to either a breath or blood test due to California's implied consent law. Refusing the post-arrest chemical test results in an automatic one-year license suspension for a first offense, and the refusal can be used against you in court as evidence of consciousness of guilt. The prosecutor can still pursue DUI charges even without a BAC result.
Will I go to jail for a first DUI in Nevada County?
Jail time is possible but not guaranteed for a first-offense DUI in Nevada County. The maximum sentence is six months in county jail, but judges often sentence first-time offenders to probation instead, especially if there are no aggravating factors like a very high BAC, an accident, or injuries. Some cases result in a few days of jail time or alternative sentencing like community service or work program. Having an attorney who knows the local judges and prosecutors can make a significant difference in avoiding or minimizing jail time.
How long does a DUI stay on my record in California?
A DUI conviction remains on your California driving record for 10 years and on your criminal record permanently unless expunged. For purposes of DUI penalties, a prior conviction counts as a "prior" for 10 years—meaning if you get another DUI within 10 years, it's charged as a second offense with harsher penalties. After completing probation, you may be eligible to have the conviction expunged from your criminal record under California Penal Code 1203.4, which helps with employment but doesn't remove it from your driving record or prevent it from counting as a prior DUI.
Can I drive to work with a suspended license?
If your license is suspended due to a DUI, you cannot legally drive at all during a hard suspension period. However, California offers two types of restricted licenses. The first option is an IID (Ignition Interlock Device) restricted license, which allows you to drive at any time to any place, as long as the vehicle is equipped with an IID. The device requires you to pass a breath test before the car will start. The second option is an Employment/Treatment Program restricted license, which restricts you to driving to, from, and during employment and to and from your DUI program. For a first offense with the IID option, you can apply immediately without serving any suspension time. While there's a cost to install and maintain an IID, this option allows you to continue working and taking care of daily responsibilities.
What's the difference between wet reckless and DUI?
A "wet reckless" (reckless driving involving alcohol) is a reduced charge that some DUI cases get negotiated down to. It's still a misdemeanor and still counts as a prior if you get another DUI within 10 years, but the consequences are less severe: lower fines, shorter DUI program (often 6 weeks instead of 3+ months), typically no jail time, and it doesn't trigger an automatic license suspension from the court. Insurance companies still treat it seriously, but the overall impact on your record and life is significantly less than a DUI conviction. Prosecutors in Nevada County sometimes offer this reduction when there are weaknesses in the DUI case or when the BAC was borderline.
Get a Candid Case Analysis
I practiced DUI and criminal defense for over 20 years before focusing on personal injury. While I now take only select DUI cases, I'm happy to talk with you about your situation and help you understand your options.
If you've been arrested for DUI in Grass Valley or Nevada County, I invite you to schedule a free case analysis. Here's how it works:
- You tell your story. I want to hear everything that happened leading up to, during, and after the arrest.
- We analyze your case together. I'll review the facts, the evidence, and the circumstances.
- You get honest answers. I'll give you my candid opinion on the likelihood of prevailing in court and at the DMV hearing.
- You understand your options. Whether I take your case or refer you to another attorney, you'll leave with clarity.
No pressure. No sales pitch. Just straight talk about your situation and what comes next.
Whether I take your case or refer you to another attorney, I can help you understand what you're facing and make informed decisions. You don't have to navigate this alone.
Remember: Requesting the DMV hearing doesn't commit you to anything. It just keeps your options open. You can always choose not to contest it later, but you can't get the hearing back if you miss the 10-day deadline.