A DUI (Driving Under the Influence) arrest in California is a serious legal matter that can lead to lasting consequences. From fines and license suspension to potential jail time and a criminal record, the aftermath of a DUI can be overwhelming. Unfortunately, many people make avoidable mistakes after getting arrested — mistakes that can make their situation much worse.
If you or someone you care about has been arrested for DUI in California, it’s essential to understand the top mistakes people make so you can avoid them and protect your rights. This guide covers the 10 most common post-DUI mistakes, backed by California law and legal best practices.
1. Talking Too Much to the Police
Why It’s a Mistake:
After a DUI arrest, anything you say can and will be used against you. Many people think they can talk their way out of trouble, but providing unnecessary details, admitting guilt, or guessing answers can strengthen the prosecution’s case.
What to Do Instead:
Politely invoke your right to remain silent.
Clearly state that you would like to speak with an attorney before answering any questions.
Avoid arguing, lying, or resisting — stay calm and respectful.
2. Refusing the Chemical Test (When It’s Too Late to Refuse)
Why It’s a Mistake:
Under California’s implied consent law (Vehicle Code § 23612), drivers are required to take a blood or breath test after a lawful DUI arrest. Refusing this test can lead to:
A one-year license suspension (even if you’re not convicted),
Additional penalties in court, and
Possible forced blood draw with a warrant.
What to Do Instead:
If you’ve already been arrested, cooperate with the chemical test. You can still challenge the results later through your lawyer.
3. Assuming You’re Automatically Guilty
Why It’s a Mistake:
Many people give up and plead guilty without fully understanding their legal options. But DUI charges can be challenged based on:
Unlawful stops,
Faulty breathalyzers,
Improper police conduct,
And more.
What to Do Instead:
Hire an experienced California DUI attorney who can assess the evidence, examine police procedures, and potentially negotiate for reduced charges or dismissal.
4. Failing to Request a DMV Hearing Within 10 Days
Why It’s a Mistake:
In California, you only have 10 days from the date of your arrest to request a hearing with the DMV to contest your license suspension. Missing this deadline means your license will be automatically suspended.
What to Do Instead:
Immediately contact the DMV or have your attorney do it.
Request a “stay of suspension” and a hearing to fight for your driving privileges.
5. Driving on a Suspended License
Why It’s a Mistake:
Getting caught driving after a DUI-related suspension can lead to:
Additional criminal charges,
Longer suspension periods,
Vehicle impoundment,
And even jail time.
What to Do Instead:
Apply for a restricted license if eligible.
Consider alternative transportation (rideshare, public transit, etc.) while your license is suspended.
Speak with your lawyer about reinstatement steps.
6. Posting Details on Social Media
Why It’s a Mistake:
Your social media posts can be used as evidence in court. Bragging about drinking, joking about your arrest, or even posting a photo at a bar can contradict your legal defense and damage your credibility.
What to Do Instead:
Stay off social media or make your accounts private.
Never discuss the case publicly.
Let your attorney handle all communications.
7. Hiring a General Practice Attorney Instead of a DUI Specialist
Why It’s a Mistake:
DUI law is complex and constantly evolving. An attorney who doesn’t specialize in DUI defense may overlook critical defenses or fail to challenge weak evidence.
What to Do Instead:
Look for a California DUI defense attorney with specific experience in cases like yours.
Ask about their track record, familiarity with local courts, and knowledge of field sobriety testing and breathalyzer reliability.
8. Ignoring the Court or DMV Paperwork
Why It’s a Mistake:
Missing a court date or not responding to DMV notices can result in:
A bench warrant for your arrest,
License suspension, and
Increased fines and penalties.
What to Do Instead:
Open and organize all mail and court notices.
Keep track of court dates and DMV deadlines.
Work closely with your attorney to ensure you meet all obligations.
9. Not Enrolling in Required DUI Classes Early
Why It’s a Mistake:
DUI offenders in California are typically required to complete a DUI education program. Waiting too long to enroll can delay your ability to:
Get your license back,
Show good faith in court,
And satisfy probation requirements.
What to Do Instead:
Ask your attorney about court-approved DUI schools.
Enroll in the required program as soon as possible.
Keep all proof of attendance and completion.
10. Failing to Take the DUI Seriously
Why It’s a Mistake:
Many people treat a first-time DUI as a minor offense — but it’s not. A DUI conviction in California can result in:
Hefty fines and fees,
Probation,
Mandatory programs,
License suspension,
Increased insurance rates, and
A criminal record.
And if you’re arrested again, penalties increase significantly.
What to Do Instead:
Treat the situation with urgency and responsibility.
Take proactive steps like attending AA meetings, getting legal help, or undergoing substance abuse evaluation if appropriate.
Use this experience as a wake-up call to make safer decisions going forward.
Conclusion: Protect Your Future After a DUI Arrest
Getting arrested for DUI in California doesn’t mean your life is over — but how you respond after the arrest can significantly affect the outcome. Avoiding these 10 common mistakes can help you protect your rights, minimize penalties, and move forward with your life.
Key Takeaways:
You have rights — use them wisely.
Legal deadlines matter — don’t ignore them.
An experienced DUI attorney can make a big difference.
Taking responsibility and acting early shows maturity and can help in court.
Arrested for DUI in California? Contact Southwest Legal Today.
At Southwest Legal, we understand how stressful and overwhelming a DUI arrest can be — but you don’t have to face it alone. Our experienced DUI defense attorneys are dedicated to protecting your rights, minimizing penalties, and helping you get your life back on track.
Why Choose Southwest Legal?
Decades of experience in California DUI law- Aggressive defense strategies tailored to your case
- DMV hearing representation to fight license suspension
- Transparent communication and dedicated supporT
Don’t wait — your DMV deadline is only 10 days after arrest! Call us now for a free consultation and take the first step toward defending your future.
