The First 48 Hours After Your Nevada County DUI Arrest
You just got home from being arrested, and you're probably scared, exhausted, and searching for answers. Here's what you need to know right now:
Step 1: Get Some Rest
You've been through a stressful experience. Before you do anything else, take care of yourself. Get some sleep, eat something, and give yourself a chance to process what happened. Making decisions while exhausted and stressed isn't helpful. The immediate crisis is over—you're home, you're safe, and you have time to figure this out.
Important: While rest is important, don't wait too long to take action. You have a 10-day window for important decisions, so use tomorrow to start getting organized.
Step 2: Understand What Happens Next (The Basics)
Here's the simple truth: A DUI arrest creates two separate cases you need to handle:
- Your Driver's License (DMV): You have 10 days to request a hearing, or your license will be automatically suspended. This is completely separate from your criminal case.
- Your Criminal Case (Court): You'll have a court date listed on your citation. This is where the DUI charge itself is handled.
These are independent processes, and you need to address both. The good news? An attorney can handle most of this for you, so you won't need to figure everything 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 that's 10 calendar days from your arrest date—not business days. If you were arrested on Friday night, you have until the following Monday (10 days later) to request the hearing.
Here's what to do within the next 2-3 days:
- Call an attorney for a consultation (most are free)
- The attorney will immediately request your DMV hearing, which "stops the clock" on your license suspension
- Once the hearing is requested, your temporary license continues until the hearing date (usually 30-60 days away)
Bottom line: Don't lose sleep over the 10-day deadline tonight. Just make sure to contact an attorney within the next few days, and they'll take care of requesting the hearing for you.
Step 4: Gather Your Documents (When You're Ready)
When you're feeling up to it—maybe tomorrow or the next day—gather these items:
- The pink temporary license the officer gave you
- The citation with your court date
- Any receipts from the night (bar, restaurant, gas station)
- Names and phone numbers of anyone who was with you
Don't worry if you can't find everything or don't remember all the details. 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 DUI 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.
It's okay to tell people you're handling a legal matter, but save the details for your attorney.
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 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 or minimize jail time
- Protect your employment and reputation
- Get through this process with dignity intact
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. Let me help you through this.
Understanding Your Nevada County DUI Case
Nevada County is a beautiful area that encompasses everything from the historic gold rush towns of Grass Valley and Nevada City to the mountain resort community of Truckee. Unfortunately, DUI arrests can happen to anyone, anywhere in the county—on Highway 49, Highway 20, Interstate 80, or local roads.
Whether you were arrested by California Highway Patrol, Nevada County Sheriff, Grass Valley Police, Nevada City Police, or Truckee Police, all DUI cases are handled in Nevada County Superior Court. The good news is that having local experience matters, and I've been defending DUI cases in these exact courtrooms for over 25 years.
Understanding Your Two Cases
A DUI arrest in Nevada County creates two separate legal proceedings that you'll need to address:
- DMV Administrative Hearing: This is about keeping your driver's license. You have 10 days to request a hearing, which temporarily preserves your driving privileges while the matter is pending.
- Criminal Court Case: This is where the DUI charge itself is handled in Nevada County Superior Court. This is separate from the DMV process.
The key thing to understand: These are independent processes. You can win one and lose the other, or ideally, win both. An experienced attorney handles both simultaneously to give you the best chance at a favorable outcome in each.
Nevada County DUI Penalties
DUI penalties in Nevada County depend on whether this is your first, second, third, or subsequent offense within 10 years (measured arrest date to arrest date):
| Penalty | First DUI | Second DUI | Third DUI |
|---|---|---|---|
| Jail Time | 0-6 months (typically none with plea) |
96 hours - 1 year (MANDATORY 96 hours) |
120 days - 1 year (MANDATORY 120 days) |
| Fines + Penalties | $390-$1,000 base ($1,800-$2,800 total) |
$390-$1,000 base ($2,500-$3,600 total) |
$390-$1,000 base ($2,500-$3,600 total) |
| License Suspension | 6 months | 2 years | 3 years (revocation) |
| DUI Program | 3 months or 9 months | 18 months or 30 months | 30 months mandatory |
| IID Requirement | Optional (for restricted license) | Mandatory 1 year | Mandatory 2+ years |
| Probation | 3 years informal | 3-5 years informal | 3-5 years informal/formal |
| Total Cost | $3,000-$5,000+ | $5,000-$10,000+ | $12,000-$25,000+ |
Understanding Enhanced Penalties
Certain circumstances can increase DUI penalties in Nevada County. Being aware of these can help you understand what you're facing:
- High BAC (.15% or higher): May result in longer DUI program and additional requirements
- Refusal to test: Results in enhanced penalties and longer license suspension
- Accident with injury: Can elevate charges to felony level with more serious consequences
- Child under 14 in vehicle: Additional charges and enhanced penalties apply
- Excessive speed (20+ mph over limit): May add jail time to sentence
- Under age 21: Zero tolerance policy (.01% BAC triggers consequences)
If any of these apply to your case, it's especially important to have experienced legal representation. Many of these allegations can be challenged or mitigated with the right defense strategy.
Types of DUI Charges in Nevada County
California Vehicle Code § 23152 - DUI Offenses
VC 23152(a) - DUI of Alcohol
Driving under the influence of alcohol. Prosecution must prove you drove a vehicle AND were under the influence (impaired ability to drive safely). No specific BAC required—can be convicted with BAC under .08% if prosecution proves impairment.
VC 23152(b) - DUI with BAC .08% or Higher
Driving with blood alcohol concentration of .08% or higher. This is a "per se" offense—prosecution need only prove you drove and had .08%+ BAC. Impairment is irrelevant. Most DUI arrests charge both (a) and (b).
VC 23152(c) - DUI of Drugs (Including Marijuana)
Driving under the influence of drugs (illegal drugs, prescription medications, marijuana, or combination). No specific drug level required—must prove drug impaired ability to drive safely.
VC 23152(d) - DUI with Passenger for Hire
Commercial driver (Uber, Lyft, taxi, etc.) driving under influence while passengers for hire are in vehicle. Enhanced penalties.
VC 23152(e) - DUI with Passenger for Hire (Drugs)
Commercial driver under influence of drugs with passengers for hire.
VC 23152(f) - DUI of Combined Alcohol and Drugs
Driving under combined influence of alcohol and drugs. Common in marijuana + alcohol cases.
VC 23153 - DUI Causing Injury (Felony)
DUI causing injury to another person. This is a "wobbler" that can be charged as misdemeanor or felony. Felony conviction carries 16 months to 4 years state prison, strike on record, restitution to victims.
Defending Your Nevada County DUI Case
One of the first questions people ask me is: "Can I actually fight this?" The answer is almost always yes. Every DUI case is unique, and there are often more defense opportunities than you might think. Even if you believe the evidence against you is strong, there are usually ways to challenge the charges, reduce the penalties, or negotiate a better outcome.
Here are some of the most effective defense strategies I use in Nevada County DUI cases:
1. Challenge the Traffic Stop
Police must have reasonable suspicion to stop your vehicle. If the stop was illegal, all evidence (including BAC test results) can be suppressed.
- No legitimate reason for the stop
- Officer's observations insufficient for reasonable suspicion
- Pretextual stop (stopping for minor violation to investigate DUI)
- DUI checkpoint violations (improper setup, procedures not followed)
If I win a motion to suppress based on illegal stop, the case is typically dismissed.
2. Attack Breathalyzer Test Results
Breathalyzer machines are not infallible. Common challenges include:
- Calibration errors: Reviewing maintenance and calibration logs for the specific device
- Operator error: Officer didn't follow proper procedures or wasn't properly trained
- 15-minute observation period: Officer must observe you continuously for 15 minutes before test to ensure no mouth alcohol
- GERD and acid reflux: Can cause falsely high readings
- Mouth alcohol: Recent drinking, dental work, or regurgitation affects accuracy
- Radio frequency interference: Cell phones, police radios can affect readings
- Partition ratio issues: Machine assumes 2100:1 ratio but varies by individual
3. Challenge Blood Test Accuracy
Blood tests are considered more accurate than breath tests but have their own vulnerabilities:
- Chain of custody: Every person who handled blood must be documented
- Improper storage: Blood must be refrigerated; heat causes fermentation and falsely elevated BAC
- Contamination: Preservatives and anticoagulants must be present in proper amounts
- Fermentation: Blood samples can ferment, creating alcohol that wasn't in your system
- Lab errors: Testing labs make mistakes; I subpoena all lab records
- Blood draw location: Blood drawn at hospital often done by non-qualified personnel
4. Rising Blood Alcohol Defense
Your BAC continues to rise for 30-90 minutes after you stop drinking. If you were stopped shortly after leaving a bar or restaurant, your BAC may have been under .08% while driving but rose to .08%+ by the time of testing.
I can use forensic toxicology to calculate what your BAC likely was at the time of driving versus time of testing. This defense is particularly strong when significant time passes between stop and test.
5. Field Sobriety Test Challenges
Field sobriety tests (FSTs) are notoriously unreliable and subjective. Common challenges include:
- Medical conditions: Inner ear problems, knee/back injuries, neurological conditions affect balance
- Testing conditions: Uneven pavement, poor lighting, adverse weather, restrictive clothing/shoes
- Officer training: Officer may not be properly certified in standardized field sobriety tests
- Non-standardized tests: Alphabet recitation, finger-to-nose, etc. are not validated tests
- Anxiety and nervousness: Legitimate fear of police can cause shaking, confusion
- Age and weight: FSTs are less accurate for people over 65 or overweight
6. No Probable Cause for Arrest
Even with a legal stop, police must have probable cause to arrest for DUI. If the evidence of intoxication was weak, the arrest may be challenged:
- Good driving pattern before stop
- Articulate, coherent speech
- Normal balance and coordination
- Officer's report exaggerates observations
- Dashboard or body camera contradicts officer's testimony
7. Not Driving or "Actual Physical Control"
The prosecution must prove you were driving. In some cases, this can be challenged:
- You were sitting in parked car with engine off
- Someone else was driving
- Officer didn't actually see you driving
- Circumstantial evidence of driving is insufficient
Protecting Your Driver's License in Nevada County
When you're arrested for DUI in Nevada County, the officer takes your driver's license and gives you a pink temporary license that's valid for 30 days. Here's what you need to know about keeping your driving privileges:
The 10-Day Window to Request a DMV Hearing
You have 10 calendar days from your arrest date to request an Administrative Per Se (APS) hearing with the DMV. This is important, but please don't panic—10 days is enough time to make an informed decision.
Here's what happens if you request the hearing:
- Your temporary license stays valid until the hearing (usually 30-60 days away)
- You get a chance to challenge the license suspension with evidence and testimony
- An attorney can cross-examine the officer and question the test results
- If you win, you keep your license—period
What happens if you don't request a hearing:
- First DUI: 4-month suspension (or 6 months if you refused testing)
- Second DUI: 1-year suspension (or 2 years if refusal)
- Third DUI: 3-year revocation
The good news? When you hire an attorney, they typically request the DMV hearing for you immediately, so you don't have to worry about missing the deadline. Just call within the first few days after your arrest, and we'll take care of the rest. Call 530-265-0186 to get this process started.
What to Expect at Your DMV Hearing
The DMV hearing is actually an opportunity—it's your chance to challenge the license suspension before it takes effect. Here's what happens:
At the hearing, your attorney can:
- Cross-examine the arresting officer under oath
- Challenge whether the traffic stop was legal
- Question the accuracy of breathalyzer or blood test results
- Present evidence showing you weren't actually impaired
- Request maintenance records and calibration logs for testing equipment
Benefits of fighting at the DMV hearing:
- You keep your license if you win
- You get to hear the officer's testimony before your criminal trial
- You discover potential weaknesses in the prosecution's case
- You demonstrate to the criminal court that you're actively defending yourself
Many people win their DMV hearings, especially when represented by an attorney who knows how to challenge the evidence. Even if the outcome isn't what we hoped for, the hearing provides valuable information for your criminal case.
Restricted License and IID
If you lose the DMV hearing or don't request one, you may qualify for a restricted license with an ignition interlock device (IID):
- First DUI: IID restricted license available immediately (no waiting period)
- Second DUI: IID restricted license available after 12 months of suspension
- Third DUI: IID restricted license available after 18 months of revocation
The IID restricted license allows you to drive anywhere, anytime (not just to work), but you must have an IID installed in every vehicle you drive.
What to Expect: Your Nevada County DUI Court Process
Understanding what happens next can help reduce anxiety. Here's the typical timeline for a Nevada County DUI case. Remember, every case is different, and your attorney can often handle most of this on your behalf—you won't have to attend every court date.
The Step-by-Step Process
Step 1: Arrest and Release
After your DUI arrest, you're taken to Nevada County Jail for booking. Most people are released within 6-12 hours, either by posting bail or on your "own recognizance" (a promise to appear in court). The officer will give you a pink temporary license and a citation showing your court date.
Step 2: DMV Hearing (If You Request One)
This happens separately from your criminal case, usually 30-60 days after you request it. The good news? If you have an attorney, they handle this for you—you often don't even need to attend. This is your chance to challenge the license suspension before it takes effect.
Step 3: Arraignment (First Court Appearance)
This is when charges are formally read and you enter a plea (typically "not guilty"). If you have an attorney, you usually don't need to attend this—they can appear on your behalf. Release conditions are set, which are usually minimal for first-time DUI cases.
Step 4: Pretrial Conferences
This is where the real work happens. Your attorney meets with the prosecutor multiple times to discuss your case, present weaknesses in their evidence, and negotiate toward the best possible outcome. Again, you typically don't attend these—your attorney handles them for you.
Step 5: Resolution
Most cases resolve through negotiation rather than trial. Your attorney will work to get charges reduced, penalties minimized, and the best terms possible. If we can't reach a favorable agreement, we can take the case to trial—but that's rarely necessary when the defense is prepared properly.
Step 6: Sentencing
Once a resolution is reached, the judge formally imposes the sentence. For many first-time DUI cases with negotiated pleas, there's no jail time—just probation, fines, a DUI program, and some restrictions. Your attorney will be there to make sure everything goes smoothly.
Important to know: The whole process typically takes 3-6 months for most cases, though some resolve faster and others take longer depending on the circumstances. Throughout this time, you're not sitting in jail—you're living your normal life while your attorney handles the legal work.
Nevada County DUI Arrest Locations
I defend DUI cases throughout Nevada County regardless of where the arrest occurred:
Grass Valley DUI Arrests
Common arrest locations include Highway 49 through Grass Valley, downtown Grass Valley (Main Street, Mill Street, Auburn Street), and Highway 20. Arrests typically by Grass Valley Police Department or CHP. Cases heard at Nevada City courthouse.
Nevada City DUI Arrests
Arrests commonly occur on Highway 49, Broad Street, Sacramento Street, and Coyote Street. Nevada City Police Department and CHP make most arrests. The Nevada City courthouse is located at 201 Church Street.
Truckee DUI Arrests
Interstate 80 corridor sees high DUI enforcement, especially during ski season. Donner Pass Road, Highway 89, and downtown Truckee are common arrest locations. CHP and Truckee Police conduct arrests. Cases typically heard at Truckee courthouse (10075 Levon Avenue).
Penn Valley / Lake Wildwood DUI Arrests
Highway 20 through Penn Valley, Pleasant Valley Road, and local roads. Most arrests by CHP or Nevada County Sheriff. Cases heard at Nevada City courthouse.
Rural Nevada County DUI Arrests
Highway 49 between Grass Valley and Downieville, Highway 20 west toward Marysville, rural roads throughout the county. Nevada County Sheriff's Department and CHP conduct rural DUI enforcement.
Nevada County Superior Court Information
Nevada City Courthouse
Address: 201 Church Street, Nevada City, CA 95959
Handles: All criminal matters including DUI cases from Grass Valley, Nevada City, Penn Valley, and surrounding areas
Parking: Limited street parking; public lot on Broad Street
Contact: (530) 265-1301
Truckee Courthouse
Address: 10075 Levon Avenue, Suite 201, Truckee, CA 96161
Handles: Criminal matters including DUI cases from Truckee and surrounding mountain areas
Contact: (530) 582-7834
DUI Defense Services in Nevada County
First DUI Defense
Challenge charges, negotiate reduced penalties, fight for no jail time, DUI program alternatives, save your license through DMV hearing.
Second DUI Defense
Challenge prior conviction, negotiate jail alternatives (work release, house arrest), fight 2-year license suspension, minimize mandatory penalties.
Third DUI Defense
Challenge both prior DUI convictions, negotiate residential treatment instead of jail, fight 3-year license revocation, avoid felony future.
Felony DUI Defense
Defend DUI with injury charges, fight state prison time, challenge felony prosecution, negotiate misdemeanor reduction where possible.
DMV Hearings
Request hearing within 10-day deadline, cross-examine arresting officer, challenge test accuracy, fight to preserve license.
DUI Under 21
Zero tolerance cases, challenge underage DUI charges, fight 1-year license suspension, protect college and career prospects.
Marijuana DUI
Challenge drug recognition expert opinions, attack subjective impairment evidence, no per se limit for marijuana in California.
Prescription Drug DUI
Defend against medication DUI charges, show legal prescription use, challenge impairment evidence, expert witness testimony.
Refusal Cases
Defend against enhanced penalties for test refusal, challenge whether refusal was knowing and voluntary, fight 1-year license suspension.
Nevada County DUI FAQs
What are the penalties for DUI in Nevada County?
Nevada County DUI penalties depend on prior offenses. First DUI: 0-6 months jail (typically none with plea), $390-$1,000 fines plus assessments (total $1,800-$2,800), 3-9 month DUI program, 6-month license suspension. Second DUI: 96 hours-1 year jail (mandatory 96 hours), 18-30 month program, 2-year suspension. Third DUI: 120 days-1 year jail (mandatory 120 days), 30-month program, 3-year license revocation.
Can I fight a DUI charge in Nevada County?
Yes. Common DUI defenses in Nevada County include: challenging the legality of the traffic stop, questioning breathalyzer accuracy and calibration, attacking blood test chain of custody, raising rising BAC defense, showing medical conditions affecting field sobriety tests, proving lack of probable cause for arrest, and demonstrating improper arrest procedures. An experienced attorney can identify weaknesses in the prosecution's case.
How do I save my license after a DUI arrest in Nevada County?
You have only 10 days from arrest to request a DMV hearing to fight license suspension. The hearing is separate from criminal court. At the hearing, an attorney can challenge the stop's legality, cross-examine the officer, question test accuracy, and present evidence you weren't impaired. Winning the DMV hearing preserves your license regardless of criminal case outcome. Missing the 10-day deadline results in automatic suspension.
Where is Nevada County Superior Court located?
Nevada County Superior Court has two locations: Nevada City courthouse at 201 Church Street, Nevada City, CA 95959 (main criminal court); and Truckee courthouse at 10075 Levon Avenue, Truckee, CA 96161. Most DUI cases in Grass Valley, Nevada City, and Penn Valley are heard at the Nevada City courthouse. Truckee-area DUI arrests are typically handled at the Truckee courthouse.
How much does a DUI attorney cost in Nevada County?
Nevada County DUI attorney fees vary based on case complexity. First DUI cases typically range $2,500-$5,000. Second and third DUI cases with prior conviction challenges cost more. Felony DUI cases requiring trial preparation are higher. However, hiring an attorney often saves more than the fee by avoiding jail time, reducing fines, negotiating better terms, and preserving your license. Free consultations allow you to understand costs before committing.
Should I take a breathalyzer test if stopped in Nevada County?
California has "implied consent" laws—by driving, you've agreed to chemical testing if arrested for DUI. Refusing results in: automatic 1-year license suspension (first offense), 2-year suspension (with priors), evidence of refusal used against you at trial, enhanced penalties if convicted. However, you CAN refuse preliminary alcohol screening (PAS) breath test BEFORE arrest with minimal consequences. After arrest, refusal has serious consequences.
What's the difference between a Nevada County DUI and other counties?
DUI laws are the same statewide, but local procedures, prosecution policies, and judicial attitudes vary. Nevada County judges and prosecutors have their own approaches to DUI cases. An attorney with local experience knows how Nevada County handles cases, what negotiation strategies work, which defenses succeed, and how specific judges rule on motions. This local knowledge is valuable in achieving favorable outcomes.
Can I get my Nevada County DUI reduced to a wet reckless?
Yes, it's possible. A "wet reckless" (VC 23103.5) is a reduced charge with lesser penalties: shorter DUI program, lower fines, often no jail time. Prosecutors are more likely to offer wet reckless when: BAC was barely over .08%, no accident occurred, you have no prior record, weaknesses exist in the DUI evidence, or problems exist with the traffic stop or testing. An experienced attorney negotiates reduced charges based on case weaknesses.
Ready to Talk? Let's Discuss Your Case
If you've been arrested for DUI anywhere in Nevada County—Grass Valley, Nevada City, Truckee, Penn Valley, or surrounding areas—I understand you're probably feeling overwhelmed right now. That's completely normal, and you're not alone in this.
Here's what happens when you call 530-265-0186:
- Free consultation: No charge to discuss your case and get honest answers
- No judgment: I've handled hundreds of DUI cases—you won't shock me or disappoint me
- Clear explanations: I'll explain everything in plain English, not legal jargon
- Immediate action: If you hire me, I'll request your DMV hearing right away so you don't have to worry about the deadline
- Peace of mind: You'll have someone in your corner who knows the local court system and will fight for the best outcome
With 25+ years defending DUI cases in Nevada County Superior Court, I know the local prosecutors and judges, and I know what works. Most importantly, I know that one mistake shouldn't define your future.
You're going to get through this. Call when you're ready: 530-265-0186