DUI Arrest vs. DUI Charge in California: What’s the Legal Distinction?

When it comes to DUI cases in California, many people assume that an arrest and a charge are the same. However, they represent two separate and distinct stages in the legal process. Understanding the difference can be critical for protecting your rights, knowing what to expect next, and mounting an effective legal defense.

This guide explains the legal distinction between a DUI arrest and a DUI charge, why the difference matters, what happens at each stage, and how you should respond if you’re facing either.

What Is a DUI Arrest?

A DUI arrest occurs when a law enforcement officer takes someone into custody based on reasonable belief—also known as probable cause—that they were driving under the influence of alcohol, drugs, or both.

Common reasons for DUI arrest include:

• Failing field sobriety tests

• A high Blood Alcohol Content (BAC) reading (typically 0.08% or higher)

• Observable signs of impairment (slurred speech, unsteady walking, erratic driving)

• Refusing chemical testing after being lawfully stopped

At this point, you are not yet formally charged with a crime. You may be released with a citation, held in jail temporarily, or required to post bail.

What Is a DUI Charge?

A DUI charge is a formal legal accusation filed by the District Attorney (DA) or local prosecutor. It means the state has reviewed the evidence (police report, test results, officer testimony, etc.) and decided to pursue the case in court.

This happens after the arrest, sometimes days or weeks later.

Key Differences: DUI Arrest vs. DUI Charge

Legal Process: From Traffic Stop to Courtroom

To understand how an arrest becomes a charge (or not), here’s a simplified timeline of what typically happens:

1. Traffic Stop
   You are pulled over for a suspected violation or erratic driving.

2. DUI Investigation
   The officer may conduct field sobriety tests or request a preliminary alcohol screening (PAS) test.

3. Chemical Testing
   If arrested, you may be required to take a blood, breath, or urine test. Refusal can result in additional penalties.

4. Arrest
   If the officer believes there is probable cause, you are taken into custody.

5. DMV Administrative Action
   Your license may be suspended automatically unless you request a DMV hearing within 10 days of the arrest.

6. Prosecutorial Review
   The DA reviews the evidence and decides whether to file criminal charges.

7. Charges Filed (or Not)
   Charges are filed in court if the prosecutor believes the case can be proven. Otherwise, the case may be dropped.

Why the Distinction Matters

Understanding where you are in the process—arrested vs. charged—is crucial for several reasons:

1. Your Legal Rights Differ

• At arrest, you have the right to remain silent and request an attorney.

• After charges are filed, you have additional rights: discovery, trial by jury, and legal motions.

2. Administrative vs. Criminal Penalties

• Arrest can lead to DMV license suspension, even if no criminal charges are ever filed.

• Charges bring the potential for court-imposed penalties like fines, probation, or jail time.

3. Opportunities to Fight the Case

• Your attorney can challenge the legality of the arrest.

• If key evidence was mishandled or your rights were violated, charges may be dismissed or reduced.

Common Scenarios Explained

Can you be arrested but not charged?

Yes. If the DA believes there is insufficient evidence to move forward, no charges will be filed—even after an arrest.

Can charges be filed without an arrest?

Rarely. In most DUI cases, an arrest is a prerequisite for filing charges. However, charges can sometimes be filed later if new evidence surfaces.

What if your BAC was under 0.08%?

You can still be charged under California law if the officer believes your driving was impaired—even with a lower BAC.

Will a DUI always show up on your record?

An arrest may appear on your criminal record, even if charges are never filed or are dismissed. A conviction will definitely appear unless expunged later.

Potential Penalties After a DUI Charge

If you’re charged with DUI in California and convicted, penalties vary depending on whether it’s your first offense and whether there were any aggravating factors.

First-Offense DUI (Misdemeanor)

• Fines: Several hundred to a few thousand dollars

• Jail: Up to 6 months (many receive probation instead)

• License Suspension: Typically 6 months (DMV and court suspensions may overlap)

• DUI Education Program: 3 to 9 months

• Probation: Usually 3 years

• Ignition Interlock Device (IID): May be required for 6 months or longer

Felony DUI (Aggravated or Repeated Offenses)

• Prison time: 16 months to several years

• Higher fines and longer license suspension

• Lifetime criminal record as a felon

• Possible restitution if injuries occurred

What To Do If You Were Arrested or Charged

If you or a loved one has been arrested or charged with DUI in California, here’s what to do immediately:

Do not speak to police or prosecutors without legal counsel
Request a DMV hearing within 10 days to contest any automatic license suspension
Document the details of the stop, arrest, and testing procedures
Contact an experienced DUI attorney immediately
Avoid missing court appearances and stay in compliance with all court orders

Final Thoughts: Arrest ≠ Conviction

Just because you were arrested for DUI does not mean you’ll be convicted. Many cases are reduced or dismissed due to procedural errors, insufficient evidence, or rights violations. But time is critical—especially in the days following an arrest.

Call to Action

Have you or someone you know been arrested for DUI in California? Don’t wait for charges to catch you off guard. The clock is ticking. Contact Southwest Legal today for a free consultation. Our experienced DUI defense attorneys will evaluate your case, fight for your rights, and help you avoid the most serious penalties. Let us help you move forward—informed, empowered, and defended.