The First 48 Hours: What You Need to Know Right Now
You just got home from being arrested. You're exhausted, scared, and probably searching for answers at 2am. Here's what you need to know right now:
Step 1: Get Some Rest
I know your mind is racing, but the immediate crisis is over. You're home. You're safe. Before you do anything else, take care of yourself. Get some sleep, eat something, and give yourself a chance to process what happened.
The good news: You have time to figure this out. The 10-day DMV deadline might sound scary, but that's 10 full days—not business days. You can get some rest tonight and start making calls tomorrow or the next day.
Step 2: Understand What Happens Next (The Simple Version)
A DUI arrest creates two separate cases:
- Your Driver's License (DMV): You have 10 days to request a hearing, or your license suspends automatically. This is completely separate from court.
- Your Criminal Case (Court): You have a court date on your citation. This is where the DUI charge is handled.
These are independent processes. The good news? An attorney handles most of this for you. You won't need to figure it all out on your own.
Step 3: Don't Panic About the 10-Day Deadline
Yes, you have 10 days to request your DMV hearing. But here's what most people don't know:
- It's 10 calendar days from arrest (not business days)
- When you call an attorney, they request it immediately for you
- Once requested, your temporary license continues until the hearing (30-60 days away)
- You don't need to do anything except call an attorney within the next few days
Bottom line: Don't lose sleep tonight. Just make sure to contact an attorney within the next 2-3 days, and we'll take care of requesting the hearing.
Step 4: Gather Your Documents (When You're Ready)
When you're feeling up to it—maybe tomorrow—gather these items:
- The pink temporary license the officer gave you
- The citation with your court date
- Any receipts from that night (bar, restaurant, gas station)
- Names and phone numbers of anyone who was with you
Don't worry if you can't find everything. Your attorney can obtain police reports and other documents later.
Step 5: Don't Talk About Your Case
This is important but simple: Don't discuss your arrest on social media, with friends (except very close family), or with anyone except an attorney. People mean well, but they often give incorrect advice, and anything you post online can be used against you.
You're Going to Get Through This
A DUI arrest feels devastating right now, but here's the reality: Thousands of people in California face first-time DUI charges every year, and the vast majority resolve their cases successfully and move on with their lives. Many first-time DUI cases result in no jail time, reduced charges, and minimal long-term impact.
With the right attorney, you can:
- Challenge the charges and possibly get them reduced or dismissed
- Fight to keep your driver's license
- Avoid jail time
- Protect your employment and reputation
- Move forward with your life
Call 530-265-0186 when you're ready. I offer free consultations, and I'll explain everything in plain English without judgment. You're not the first person this has happened to, and you won't be the last.
Common Questions About First DUI in Grass Valley
Here are the questions I hear most often from first-time DUI clients. If you have other questions, just call—I'm happy to answer them.
What happens if I get my first DUI in Grass Valley, California?
If you're arrested for your first DUI in Grass Valley, you'll face both criminal charges in Nevada County Superior Court and an administrative license suspension through the DMV.
Here's the typical process:
- Arraignment within a few weeks (you usually don't need to attend if you have an attorney)
- DMV hearing if you request one within 10 days
- Several pretrial conferences where your attorney negotiates with the prosecutor
- Resolution through negotiated plea or trial
Most first-time DUI cases are resolved without jail time. Your attorney handles most of the court appearances, so you can continue working and living your life while the case progresses.
Can I keep my driver's license after a first DUI in Nevada County?
Yes, it's possible to keep your license, but you need to act quickly. You have only 10 days from your arrest to request a DMV hearing.
What happens at the DMV hearing:
- Your attorney challenges the evidence against you
- Cross-examines the arresting officer
- Questions the accuracy of breath or blood tests
- Argues why your license should not be suspended
Even if you don't win the DMV hearing, you can usually get a restricted license with an ignition interlock device, which allows you to drive anywhere, anytime—not just to work.
Will I go to jail for a first-time DUI in Grass Valley?
Most first-time DUI offenders in Grass Valley do not go to jail. While the law allows up to 6 months in county jail, jail time is rare for first offenses unless there are aggravating factors like:
- Very high BAC (.15% or higher)
- Accident causing injury
- Child under 14 in the vehicle
- Excessive speed (20+ mph over limit)
- Refusal to take chemical test
For a straightforward first DUI with no aggravating factors, most cases result in probation, fines, DUI school, and license restrictions—but no jail time.
How much does a first DUI cost in Grass Valley, California?
The total cost of a first DUI conviction in Nevada County typically ranges from $10,000 to $18,000 when you factor in all expenses:
- Court fines and fees: $1,800 - $3,000
- DUI school (3 or 9 months): $500 - $800
- License reinstatement fees: $125
- Increased insurance rates: $4,000+ annually for 3 years
- Ignition interlock device: $300 - $500 installation plus $75-100 monthly
- Attorney fees: varies by case complexity
Important to know: Investing in quality legal representation often saves more than the attorney fee by reducing charges, avoiding enhanced penalties, and protecting your license.
What are the penalties for a first DUI conviction in Nevada County?
For a first-time DUI in California, typical penalties include:
- 3-5 years of informal probation (no jail time during probation if you stay out of trouble)
- $390-$1,000 base fine (with assessments, total $1,800-$3,000)
- 6-month license suspension (restricted license available with IID)
- Completion of 3-month or 9-month DUI education program
- Installation of ignition interlock device for restricted license
- Possible community service or Mothers Against Drunk Driving (MADD) program
These are the typical penalties for a conviction. Many cases are resolved with reduced charges or alternative sentencing that can minimize these consequences.
Can I get my first DUI dismissed in Grass Valley?
Yes, it's possible to get a first DUI dismissed in Grass Valley. Common grounds for dismissal include:
- Improper traffic stop (no reasonable suspicion)
- Lack of probable cause for arrest
- Faulty breathalyzer calibration or administration
- Violations of your constitutional rights
- Procedural errors by law enforcement
- Medical conditions that affected sobriety tests
- Problems with blood test chain of custody
Even if dismissal isn't possible, many first DUI cases can be reduced to a "wet reckless" or "dry reckless" with significantly reduced penalties.
How long does a first DUI stay on my record in California?
A first DUI conviction stays on your California driving record for 10 years. This means any subsequent DUI within 10 years will be charged as a second offense with enhanced penalties.
The conviction also remains on your criminal record permanently unless you petition for expungement. Good news: Many first-time DUI cases qualify for expungement after successful completion of probation. An expungement allows you to legally say you were not convicted (with some exceptions for government jobs, professional licenses).
Should I hire a local Grass Valley DUI lawyer or a Sacramento attorney?
Hiring a local Grass Valley DUI attorney offers significant advantages:
- Familiarity with Nevada County judges and prosecutors: I know their preferences, tendencies, and what arguments work
- Knowledge of local procedures: Nevada County has its own way of handling DUI cases
- Established relationships: Professional relationships with local prosecutors can benefit plea negotiations
- Convenience: Easy to meet for consultations and court appearances
- Understanding of local law enforcement: I know which officers tend to make mistakes and how local DUI enforcement works
A Sacramento attorney who rarely appears in Nevada County won't have these advantages.
What should I do immediately after being arrested for DUI in Grass Valley?
Here are the most important steps to take right away:
- Get some rest: Take care of yourself first—you need to be clear-headed
- Contact a DUI lawyer within 2-3 days: Don't wait until the last minute on the 10-day DMV deadline
- Write down what you remember: Details fade quickly, so document your recollection while it's fresh
- Don't discuss your case: No social media posts, no telling the story to friends
- Gather documents: Pink temporary license, citation, receipts, witness contacts
- Don't drive without a valid license: Once your temporary expires, don't drive unless you have a valid license
Can I refuse a breathalyzer test during a DUI stop in Grass Valley?
This is a common question with an important distinction:
BEFORE arrest (roadside preliminary test):
- You CAN refuse the preliminary alcohol screening (PAS) breath test with minimal consequences
- This is the small portable breathalyzer the officer uses at the roadside
- Refusing doesn't trigger automatic penalties (unless you're under 21 or on DUI probation)
AFTER arrest (chemical test):
- You CANNOT refuse without serious consequences due to California's implied consent law
- Refusing triggers automatic 1-year license suspension
- Mandatory 9-month DUI school if convicted
- Enhanced penalties if convicted
- Your refusal can be used as evidence of guilt at trial
If you've already refused, don't panic—there are still defenses available. An attorney can challenge whether your refusal was truly knowing and voluntary.
What is a wet reckless and can I get my DUI reduced to one?
A "wet reckless" (Vehicle Code 23103.5) is a reduced charge that many first-time DUI cases can be negotiated down to. It's called "wet" because it's alcohol-related reckless driving.
Benefits of wet reckless vs DUI conviction:
- Shorter DUI program (12 hours vs 3-9 months)
- Lower fines and fees
- No mandatory license suspension
- Shorter probation period
- Less stigma (says "reckless driving" not "DUI")
When is wet reckless possible?
- BAC was barely over .08% (.08-.09%)
- No accident or injuries
- Good driving pattern before stop
- Weaknesses in prosecution's evidence
- Problems with traffic stop or testing procedures
Important note: A wet reckless still counts as a prior DUI for 10 years, so if you get another DUI, it's treated as a second offense. But the immediate penalties are much less severe.