In most cases, yes. After a DUI arrest in California, most people can legally drive for up to 30 days using a temporary license—provided they take immediate steps to protect their driving privilege. However, that privilege can be lost if no action is taken within 10 days of the arrest. This article explains exactly what happens after a DUI arrest and what you need to do to stay on the road legally.
Understanding the Two Sides of a DUI Case
After a DUI arrest in California, two separate legal processes begin:
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Administrative License Suspension by the DMV: This affects your ability to drive.
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Criminal Proceedings in Court: This involves the criminal charges filed by the state.
It’s essential to recognize that these two systems are independent of one another. The DMV can suspend your license even if your court case has not yet been resolved. You must take action in both arenas to protect your license and fight your DUI charges.
What Happens Immediately After a DUI Arrest?
Here’s what typically happens when someone is arrested for DUI in California:
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The officer will confiscate your physical driver’s license.
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You’ll receive a temporary license (often a pink slip) that is valid for 30 days.
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You’ll also receive a notice of suspension or revocation of your driving privilege.
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From the date of arrest, you have 10 calendar days to request a DMV hearing.
If you do nothing within those 10 days, your license will be automatically suspended once the 30-day period ends.
What You Must Do Within 10 Days of Arrest
To keep your ability to drive legally beyond the 30-day temporary period, you must:
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Request a DMV Administrative Hearing within 10 calendar days of your arrest.
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Consider hiring an experienced DUI attorney to represent you at the hearing.
By requesting a hearing in time, the DMV will delay the suspension until a hearing decision is made. This means your temporary license remains valid beyond the original 30 days while your case is being reviewed.
Can I Keep Driving Before My Court Date?
Yes, as long as your temporary license is still valid, you can continue to drive. This is typically the case for the first 30 days after your arrest or longer if you’ve successfully requested a DMV hearing in time.
If You Request a DMV Hearing in Time:
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Your temporary license remains valid.
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You can legally drive until the DMV hearing decision is issued, which often takes several weeks or even months.
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In some cases, the hearing may be continued or rescheduled, allowing you even more time to drive legally.
If You Miss the 10-Day Deadline:
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Your license will automatically be suspended after the 30-day temporary license period ends.
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You will not be allowed to drive unless you qualify for a restricted or interlock-restricted license.
What Happens if You Lose the DMV Hearing?
If you lose the DMV hearing, the suspension goes into effect. For a first DUI offense involving a blood alcohol concentration (BAC) of 0.08% or higher:
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The standard administrative license suspension is 4 months.
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If you refused a chemical test, the suspension is 1 year, and you are not eligible for a restricted license during that period.
Restricted License Options After Suspension
Even if your license is suspended, you may still be able to drive legally under certain conditions.
1. Standard Restricted License
After the mandatory suspension period begins, you may apply for a restricted license that allows driving to and from:
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Work
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DUI education classes
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Medical appointments
To qualify, you typically need to:
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Enroll in a DUI program
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File proof of financial responsibility (SR-22 insurance)
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Pay a reissue fee
2. Ignition Interlock Device (IID) Restricted License
You may also be eligible for a restricted license that allows full driving privileges if you install an Ignition Interlock Device (IID) in your vehicle. This device requires you to provide a breath sample before your car will start.
To obtain an IID-restricted license, you must:
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Install the device through a licensed provider
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Enroll in DUI school
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Submit proof of insurance and program participation
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Pay required fees to the DMV
This option is especially useful for people who rely heavily on driving for work or family obligations.
What Happens in Court While Driving Privileges Are in Limbo?
Your first court appearance, called the arraignment, usually occurs within a few weeks or months after arrest. This is where the formal charges are read, and you will have the chance to enter a plea.
Your ability to drive is not directly affected by your court date unless the court imposes specific restrictions, such as bail conditions or probation terms. However, losing your court case could result in further license suspensions, fines, or other penalties.
Summary Table: Driving After DUI Arrest in California
| Situation | Can You Legally Drive? | Details |
|---|---|---|
| Within 30 days after arrest | Yes | Temporary license is valid unless expired or suspended early |
| DMV hearing requested within 10 days | Yes | Driving allowed while waiting for hearing and decision |
| DMV hearing NOT requested | No (after 30 days) | License automatically suspended |
| Lost DMV hearing | No (unless restricted license granted) | 4-month or 1-year suspension applies |
| Restricted license granted | Yes (with limitations) | Drive to work, school, and court-ordered programs |
| IID license granted | Yes (unrestricted) | Must install and maintain IID device |
Key Takeaways
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After a DUI arrest in California, you can drive for up to 30 days with a temporary license.
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To keep driving beyond those 30 days, you must request a DMV hearing within 10 days of your arrest.
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If you fail to act within that time frame, your license will be suspended.
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Options such as restricted or IID licenses may help you continue driving legally during suspension.
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Your court case and DMV process are separate and both need to be addressed promptly.
Why Time Matters After a DUI Arrest
The most common reason people lose their driving privilege after a DUI arrest is simple: they don’t act fast enough. That 10-day window to request a DMV hearing closes quickly. Once it does, your options become limited. A DUI charge carries serious consequences, but an experienced attorney can often reduce the damage—both in court and with the DMV.
Get Help from Experienced DUI Defense Attorneys
If you or someone you care about has been arrested for DUI in California, don’t wait until your court date to take action. The earlier you speak with a DUI lawyer, the more options you have to protect your license, your record, and your future.
Call Southwest Legal today for a free case evaluation. Our experienced DUI attorneys are ready to fight for your rights and guide you through the complex legal process. We’ll help you request your DMV hearing, represent you in court, and work to preserve your driving privilege.
