You Just Got Home - Here's What You Need to Know
You're probably reading this late at night, exhausted from being processed at Nevada County Jail, worried about what happens next. Here's what you need to know right now:
Step 1: Take Care of Yourself First
The immediate crisis is over. You're home safe. Before diving into everything else, get some rest. Drink some water. Eat something if you can. Your mind is probably racing, but you need to be clearheaded to make good decisions.
You have time: The 10-day DMV deadline might sound scary, but that's 10 full calendar days from your arrest. You can rest tonight and start making calls tomorrow or the next day.
Step 2: Two Separate Cases (Simplified)
Your DUI arrest created two different legal matters:
- DMV (Your License): Separate from court. You have 10 days to request a hearing to fight the automatic suspension.
- Court (The Criminal Charge): Handled at Nevada County Superior Court right here in Nevada City at 201 Church Street.
These are independent. You could win one and lose the other, or ideally, win both. A local attorney handles both simultaneously.
Step 3: The 10-Day DMV Deadline (Don't Panic)
Yes, you have 10 days to request your DMV hearing. But here's what most people don't realize:
- It's 10 calendar days (not business days) from your arrest date
- When you hire an attorney, they request it immediately for you
- Once requested, your pink temporary license stays valid until the hearing (usually 30-60 days away)
- You don't personally have to do anything except call an attorney within a few days
Action item: Contact a local Nevada City DUI attorney within 2-3 days, and we'll handle requesting the hearing for you.
Step 4: Gather What You Have (When You're Ready)
Tomorrow or the next day, gather these documents:
- Pink temporary driver's license
- Citation showing your court date
- Receipts from that evening (restaurants, bars, stores)
- Contact information for anyone who was with you
Don't stress if you're missing things. I can obtain police reports and other documents through proper channels.
Step 5: Keep Quiet About Your Case
Simple rule: Don't post about your arrest on social media. Don't tell the story to friends or coworkers. Anything you say can be discovered and used against you. Save the details for your attorney—that's what attorney-client privilege protects.
This Isn't the End of Your Story
A first DUI arrest feels catastrophic right now, but thousands of people face this every year in California, and most move forward successfully. Many first-time cases result in no jail time, reduced charges, and minimal long-term consequences.
With experienced legal help, you can:
- Challenge the charges and potentially get them reduced or dismissed
- Fight to preserve your driver's license
- Avoid jail time
- Protect your job and reputation
- Get your life back on track
Call 530-265-0186 for a free consultation. I'll explain everything clearly, answer your questions, and help you understand your options—no judgment, just honest guidance.
Why a Nevada City Attorney Matters
Nevada City DUI cases are heard right here at 201 Church Street—the Nevada County Superior Court. Having an attorney with an office in Nevada City (305 Railroad Avenue, Suite 5) offers real advantages:
- The courthouse is a 3-minute walk from my office - I'm there regularly and know the judges, prosecutors, and staff personally
- Easy meetings: You can stop by my office without driving to Sacramento or another city
- Local knowledge: I know where Nevada City Police conduct DUI enforcement (Highway 49, Broad Street, downtown) and common arrest patterns
- Established relationships: Professional relationships with local prosecutors can benefit negotiations
- Community presence: I live and work here—my reputation matters, so your case matters
Common Questions About First DUI in Nevada City
Here are the questions I hear most from first-time DUI clients in Nevada City:
Where do Nevada City DUI cases go to court?
All Nevada City DUI cases are heard at Nevada County Superior Court, located at 201 Church Street in Nevada City—right in the heart of downtown, just a few blocks from Broad Street.
Practical details:
- The courthouse is the historic building on Church Street
- Street parking available (metered) or use the Broad Street parking lot
- Court hours: 8:00 AM - 5:00 PM, Monday-Friday
- Security screening at entrance (no pocket knives, etc.)
Having a local attorney means I'm at this courthouse regularly—I know the procedures, the judges, and the staff.
What happens after a DUI arrest in Nevada City?
After your DUI arrest in Nevada City, here's the typical timeline:
- Immediate: Taken to Nevada County Jail (Wayne Brown Correctional Facility) for booking
- Within hours: Released on your own recognizance (OR) or after posting bail
- Within 10 days: Request DMV hearing or license suspends automatically
- Within 3-4 weeks: First court appearance (arraignment) at Nevada City courthouse
- Next 2-4 months: Pretrial conferences where attorney negotiates with prosecutor
- Resolution: Most cases resolve through negotiated plea; few go to trial
Good news: If you hire an attorney, you typically don't need to attend most court dates—we handle them for you so you can work and maintain your normal life.
Can I avoid jail for my first DUI in Nevada City?
Yes, most first-time DUI defendants in Nevada City avoid jail entirely. While California law allows up to 6 months county jail for first DUI, judges typically impose probation instead of custody for first offenders.
Typical first DUI resolution (no aggravating factors):
- 3-5 years informal probation
- Fines and fees
- DUI education program (3 or 9 months)
- License restrictions
- Zero jail time
Factors that can lead to jail time include very high BAC (.15%+), accidents causing injury, child in vehicle, refusal to test, or excessive speed. Even then, alternatives often exist (work release, house arrest, residential treatment).
How much does a first DUI cost in Nevada City?
A first DUI conviction in Nevada City costs $10,000-$18,000 total when you include everything:
- Court fines and fees: $1,800-$3,000 (base fine plus penalty assessments)
- DUI program: $500-$800 (3-month or 9-month program)
- License reinstatement: $125
- Insurance increases: $4,000+ annually for 3 years (expect rates to double or triple)
- Ignition interlock device: $300-$500 installation plus $75-$100/month monitoring
- Attorney fees: Varies by case complexity
- Lost wages: Time off work for court, DUI classes
Important perspective: Hiring an attorney costs money upfront but often saves more by reducing charges, protecting your license, avoiding enhanced penalties, and preserving your job.
Do I need a lawyer for a first DUI in Nevada City?
Legally, no—you can represent yourself. Practically, yes—hiring a local Nevada City DUI attorney dramatically improves your outcome.
What an experienced attorney does:
- Requests DMV hearing immediately (preserves license)
- Obtains and reviews all police reports, videos, test results
- Identifies weaknesses in prosecution's case
- Negotiates with prosecutor for reduced charges
- Challenges evidence at DMV hearing and in court
- Appears at court dates on your behalf (you often don't attend)
- Minimizes penalties and protects your future
Self-representation rarely achieves outcomes like charge reductions, dismissed cases, or preserved licenses that experienced attorneys regularly accomplish.
Where do most Nevada City DUI arrests happen?
Nevada City Police Department and California Highway Patrol focus DUI enforcement in these common areas:
- Highway 49: Both directions through Nevada City (especially near downtown exits)
- Broad Street: Main downtown corridor with bars, restaurants, breweries
- Sacramento Street: Connects downtown to Highway 49
- Coyote Street: Popular route from downtown to residential areas
- Highway 20: East and west corridors near Nevada City
- Main Street / Commercial Street: Downtown traffic routes
DUI enforcement increases on weekends, holidays (especially New Year's Eve, July 4th, Labor Day), and during special events like Victorian Christmas. Nevada City Police often set up saturation patrols during peak times.
What is a "wet reckless" and can my Nevada City DUI be reduced?
A "wet reckless" (Vehicle Code 23103.5) is a reduced charge that many first-time Nevada City DUI cases can be negotiated down to when evidence problems exist.
Wet reckless benefits vs. DUI conviction:
- Shorter DUI program (12 hours vs 3-9 months)
- Lower fines and fees
- No mandatory license suspension by the court
- Shorter probation period
- Record shows "reckless driving" not "DUI"
When is reduction possible in Nevada City?
- BAC barely over .08% (.08-.10%)
- No accident or injuries
- Weaknesses in traffic stop legality
- Problems with breathalyzer calibration or administration
- Blood test chain of custody issues
- Strong challenge to field sobriety tests
Important note: Wet reckless still counts as a prior DUI for 10 years, so any future DUI is treated as a second offense. But immediate penalties are significantly less.
How do I save my license after a Nevada City DUI arrest?
Saving your license requires immediate action—you have only 10 days from arrest to request a DMV administrative hearing.
Here's the process:
- Day 1-10: Attorney requests DMV hearing (can be done by phone/fax)
- Once requested: Temporary license extended until hearing date
- 30-60 days later: DMV hearing held (usually by phone)
- At hearing: Attorney cross-examines officer, challenges evidence
- Winning: License suspension set aside—you keep your license
- Losing: Suspension takes effect, but restricted license available with IID
Critical: Missing the 10-day deadline means automatic suspension with no hearing. Don't let this happen—call an attorney within a few days of arrest.
Can I get my first Nevada City DUI dismissed?
Yes, first DUI cases can be dismissed when significant problems exist with the prosecution's evidence. Common grounds for dismissal include:
- Illegal traffic stop: Officer lacked reasonable suspicion to pull you over
- No probable cause: Insufficient evidence to arrest for DUI
- Breathalyzer problems: Machine not calibrated, operator errors, observation period violations
- Blood test issues: Chain of custody broken, improper storage, contamination
- Constitutional violations: Improper interrogation, illegal search, rights violations
- Procedural errors: Missing reports, destroyed evidence, witness unavailable
I thoroughly review every aspect of your arrest—police reports, video footage, test results, officer training records—to identify any weaknesses that could lead to dismissal or reduced charges.
Why Local Nevada City Representation Matters
Nevada County Superior Court is right here in Nevada City at 201 Church Street. Having an attorney with an office just blocks away (305 Railroad Avenue) provides tangible advantages:
I Know the Nevada City Courthouse
I'm at 201 Church Street regularly—multiple times per week. I know:
- Each judge's preferences and tendencies in DUI cases
- Local prosecutors and their negotiation styles
- Court staff and proper procedures
- Timing and scheduling practices
- Which arguments work and which don't in this specific courthouse
I Know Nevada City DUI Enforcement
Living and practicing in Nevada City means I understand local DUI patterns:
- Where Nevada City Police commonly conduct DUI stops
- How CHP patrols Highway 49 and Highway 20
- Which officers tend to make procedural mistakes
- Local checkpoint locations and saturation patrol tactics
- Common problems with specific breathalyzer units used locally
Convenience and Accessibility
You don't need to drive to Sacramento or another city for meetings:
- My office is on Railroad Avenue in Nevada City
- Easy parking and accessibility
- Quick meetings before or after work
- You can stop by with questions as they arise