IN DEFENSE OF LIBERTY for those accused. IN PURSUIT OF JUSTICE for those injured.
Arrested for DUI in Nevada City? Here's What Happens Next
If you were just arrested for DUI, you're probably trying to figure out what comes next. You're not alone—and you don't need scare tactics or hero sales pitches. You need straight answers.
This guide walks you through the actual DUI process in Nevada County, from the moment you're released through court resolution. With over 20 years handling DUI cases, I've seen how this plays out hundreds of times. Here's what you need to know.
⚠️ Critical Deadline You Cannot Miss
You have 10 days from your arrest to request a DMV hearing. This isn't a suggestion—it's a hard deadline. Miss it, and your license gets suspended automatically in 30 days, regardless of what happens in your criminal case. Mark your calendar right now.
The Timeline: What Happens When
1 The First 10 Days (Act Fast)
You were released with a pink temporary license good for 30 days. The officer took your actual license. Right now, you're probably exhausted and embarrassed, but there are time-sensitive actions you need to take:
- Request your DMV hearing - You can do this online at dmv.ca.gov or call the Driver Safety Office. Do not put this off.
- Document everything - Write down what you remember about the stop, the tests, what the officer said. Memory fades quickly.
- Locate witnesses - If anyone saw what happened, get their contact information now.
- Keep all paperwork - Your citation has your court date. Don't lose it.
- Talk to an attorney - Most offer free consultations. At minimum, get information about your options.
2 Two Separate Cases Running Simultaneously
Here's what confuses most people: you're now dealing with TWO completely separate legal proceedings. They happen at the same time but are independent of each other.
Criminal Court Case
What it's about: Criminal DUI charges filed by the District Attorney
Where it happens: Nevada County Superior Court
Possible outcomes:
- Case dismissed
- Reduced to reckless driving
- Plea agreement
- Trial and conviction
Penalties if convicted: Fines, DUI classes, probation, possible jail
DMV Administrative Case
What it's about: Your driving privileges only
Where it happens: DMV hearing (usually by phone)
Possible outcomes:
- Hearing won - keep license
- Hearing lost - suspension
- No hearing requested - automatic suspension
Penalties if you lose: License suspension, restricted license options available
Here's the key: Winning your DMV hearing doesn't dismiss your criminal case. Getting your criminal case dismissed doesn't automatically restore your license if you lost the DMV hearing. They're separate fights.
3 Your Court Case Timeline
Your criminal case moves through several stages. Here's what to expect:
Arraignment (Usually 4-6 Weeks After Arrest)
Your first court appearance. The judge reads the charges and asks for your plea. This is not the time to explain yourself or make decisions. You can plead not guilty, and that simply means you want time to review everything. Most people don't even speak except to say "not guilty."
Pre-Trial Phase (Can Take 2-6 Months)
This is when the real work happens. Your attorney gets police reports, video footage, and chemical test results. They look for problems with the stop, the tests, or the arrest. The prosecutor and your attorney discuss possible resolutions. Many cases resolve here through negotiation.
Resolution
Most DUI cases end in one of three ways: a negotiated plea agreement (often to reduced charges), dismissal (if there are serious problems with the case), or trial (if no acceptable agreement can be reached and you want to fight it).
4 The DMV Hearing
If you requested it within 10 days, the DMV will schedule a hearing, usually within 30-120 days. Most are conducted by phone. The DMV hearing officer asks three specific questions:
- Did the officer have reasonable cause to stop you?
- Did the officer have probable cause to arrest you?
- Was your blood alcohol 0.08% or higher while driving?
That's it. They don't care about your job, your family, or whether you've learned your lesson. They only look at those three questions. If they answer "yes" to all three, you lose your license. If they answer "no" to any one, you keep it.
Having an attorney for this hearing significantly improves your odds. They know how to challenge the evidence and cross-examine the officer.
5 Understanding License Suspension and Your Driving Options
If you lose your DMV hearing or don't request one, your license gets suspended. For a first DUI, that's typically a 4-month suspension. But here's what most people don't know: you can still drive legally during this period.
Restricted License Option 1: IID (Ignition Interlock Device)
What it allows: Drive anywhere, anytime, for any reason—as long as your vehicle has an IID installed.
When you can start: Immediately (no waiting period)
What you need: Proof of DUI program enrollment, SR-22 insurance, IID installation certification (DL 920), $125 DMV fee
How long: 4 months minimum
Cost: $70-150 installation plus $60-100/month monitoring
How it works: You blow into the device before the car starts. Alcohol detected = car won't start. The device also requires random breath tests while you're driving.
Restricted License Option 2: Employment/Treatment Only
What it allows: Driving to/from/during work and to/from DUI classes ONLY. No errands, no dropping kids off, no medical appointments.
When you can start: After serving 30 days of suspension
What you need: Proof of DUI program enrollment, SR-22 insurance, $125 DMV fee
How long: Up to 5 months
Cost: No device fees
The catch: You must go directly to work and back. Get pulled over running to the store on your way home from work? That's driving on a suspended license—a new criminal charge.
What About SR-22 Insurance?
Both restricted license options require SR-22. This isn't a type of insurance—it's a certificate your insurance company files with the DMV proving you have coverage. The filing itself costs about $25-50, but your insurance rates will jump significantly (50-100% increase is common). You must maintain SR-22 for three years. If your insurance lapses even one day, your license gets suspended again immediately.
What Are the Actual Penalties?
Here's what you're potentially facing. These are the standard penalties, though every case is different based on your BAC, prior record, and specific circumstances.
• 3 years probation
• $1,800-$2,500 fines/fees
• 3-9 month DUI program
• Up to 6 months jail (often avoided)
• 6-month suspension
• IID or employment restriction available
• 3-5 years probation
• $2,000-$3,000 fines/fees
• 18-30 month DUI program
• 96 hours to 1 year jail
• 2-year suspension
• Restricted after 90 days with IID
• 3-5 years probation
• $2,500-$3,500 fines/fees
• 30-month DUI program
• 120 days to 1 year jail
• 3-year suspension
• Habitual offender status
These are starting points. An attorney can often negotiate reduced charges, alternative sentencing, or find problems with the case that lead to dismissal. The outcome depends heavily on the specific facts of your arrest.
Common Questions After a DUI Arrest
What should I do first thing tomorrow morning?
Request your DMV hearing. You can do it online at dmv.ca.gov or call (916) 657-6525. This takes 10 minutes and preserves your right to fight the suspension. After that, write down everything you remember about last night while it's fresh. Then call an attorney for a free consultation—most of us offer them because we want to hear your story before you decide anything.
Do I really need an attorney for a first DUI?
You're not required to have one, but DUI cases are more complex than they appear. There are technical defenses involving breathalyzer calibration, blood sample handling, field sobriety test administration, and constitutional issues with the traffic stop. An attorney knows what to look for and how to challenge the evidence. More importantly, they know the local prosecutors and judges and how cases typically resolve in Nevada County. The cost of an attorney is often offset by avoiding higher insurance rates, jail time, and lost wages.
Can I beat this case?
Maybe. Every case depends on its specific facts. Common defenses include: illegal traffic stop, improperly administered field sobriety tests, faulty breathalyzer (wasn't calibrated, wasn't administered correctly), rising blood alcohol (you were under 0.08% while driving but over by the time you were tested), medical conditions that mimic intoxication, and procedural errors by law enforcement. An experienced attorney reviews the evidence and tells you honestly whether you have viable defenses.
What if I just plead guilty and get it over with?
That's your right, but it's rarely the smart move until you know what you're dealing with. Even cases that seem hopeless often have problems that an attorney can exploit. At minimum, get a professional review of the evidence before you make any decisions. Pleading guilty means giving up every possible defense and accepting whatever penalties the court imposes. You can't un-plead guilty later when you learn your case had issues.
How much is this going to cost?
The total cost of a DUI—even without an attorney—typically runs $15,000-$30,000 over three years when you add up fines, DUI classes, increased insurance, IID costs, and lost wages. Attorney fees for a first offense typically range from $2,500-$7,500 depending on complexity. Many attorneys offer payment plans. The question isn't whether a DUI is expensive—it is. The question is whether spending money on a good defense might reduce the total damage.
Will this ruin my life?
A DUI is serious, but it's not the end. Thousands of people get DUIs every year and move forward with their lives. The impact depends on how it's handled. A conviction stays on your record, affects your insurance, and can impact employment in certain fields. But people successfully navigate this all the time. The key is addressing it properly from the start rather than hoping it goes away or handling it carelessly.
What happens at the DMV hearing?
It's usually conducted by phone. A DMV hearing officer (not a judge) reviews the evidence and listens to testimony from the arresting officer. If you have an attorney, they can cross-examine the officer and present evidence. The hearing officer then decides whether the stop was legal, the arrest was justified, and your BAC was over the limit. Win rates vary dramatically between people who have attorneys and those who don't. Most people who go in without representation lose.
Can I get this expunged later?
After you complete probation, you can petition the court to expunge your DUI conviction under California Penal Code 1203.4. If granted, the conviction is dismissed for most purposes. This helps with employment background checks. However, it doesn't remove the DUI from your driving record, and it still counts as a prior if you get another DUI within 10 years. An expungement is helpful but not a complete erasure.
Want to Talk About Your Case?
I handled DUI cases for over 20 years before shifting my focus to personal injury work. I still take select DUI cases, particularly when I think I can help someone who's getting straight information rather than scare tactics.
Here's what a free consultation looks like:
- Tell me what happened. Everything from the stop through the arrest and testing.
- I'll review your situation. Look for potential defenses, procedural issues, problems with the case.
- You get honest assessment. Not what you want to hear—what you need to hear about your chances.
- We discuss your options. Whether I take your case or refer you elsewhere, you'll understand what comes next.
No pressure. No hero speeches. Just straight talk about your case.
Remember: You have 10 days to request that DMV hearing. Don't let that deadline pass while you're trying to decide what to do.