Pulled Over for a DUI? Here's Exactly What to Do.

The next ten minutes matter more than most people realize. The next ten days matter almost as much. What you say, what you agree to, and how quickly you call a lawyer can shape a DUI case before it's even filed.

At the Stop

Pull over safely, signal, and come to a stop as soon as it's reasonably possible. Keep your hands visible. Don't reach into the glove box or center console until the officer asks you to.

You are required to provide your license, registration, and proof of insurance. You are not required to answer questions about where you were, what you were doing, or how much you had to drink. A simple, polite line does the job: "I'd like to speak with a lawyer before I answer any questions." Officers are trained to keep the conversation going because it works. It doesn't have to.

Field Sobriety Tests Are Voluntary

The walk-and-turn, the one-leg stand, the pen-light eye test — these are voluntary in California for most drivers. The officer is supposed to tell you that, but the way it's phrased often makes it sound like a requirement. It isn't.

These tests are graded, in the moment, by the same officer who already suspects you of a crime. Uneven pavement, bad shoes, a bad knee, nerves — any of it can be logged as a "clue." Declining a field sobriety test is not, by itself, against the law.

The Roadside Breath Test Is Not the Same as the Test After Arrest

This is the distinction almost nobody understands correctly, and it matters:

Before arrest — the preliminary roadside breath test (called a PAS test) is voluntary for drivers 21 and older who are not on DUI probation. You can decline it without an automatic penalty.

After arrest — California's implied consent law (Vehicle Code § 23612) requires you to submit to a chemical test, breath or blood. Refusing the test at this stage triggers an automatic license suspension of at least one year and can be used against you separately from the DUI charge itself.

So: you can say no to the test at the roadside. Once you're arrested, refusing creates a second problem on top of the first.

The Clock Starts Immediately — the 10-Day Rule

Here is the part that catches the most people off guard. A DUI arrest triggers two separate cases: the criminal case, which moves through court over weeks or months, and a DMV case, which moves in days.

Under California's Administrative Per Se law, the DMV will automatically suspend your license 30 days after the arrest — unless you request a DMV hearing within 10 calendar days of the arrest date. Not business days. Ten calendar days, period.

Miss that deadline and your license can be suspended even if you're later found not guilty in the criminal case. The two proceedings run on separate tracks, and the DMV doesn't wait to see how the criminal case turns out.

What to Do When You Get Home

Write down what you remember while it's fresh — where you were stopped, what was said, whether and when you were read your rights, how the tests were administered, what the officer told you and didn't. Details fade fast, and they matter later.

Don't post about it. Don't talk about it with anyone except your lawyer — not friends, not coworkers, not on the phone from jail.

Call a lawyer immediately, not next week. The 10-day DMV clock is already running the moment you're released.

Breath and Blood Evidence Isn't as Solid as It Looks

Instruments are calibrated by people. Blood is drawn, stored, and tested by people. Field sobriety tests are supposed to follow a specific protocol, and that protocol is frequently not followed. Every DUI case also begins with a traffic stop, and that stop has to have been lawful in the first place — if it wasn't, everything that followed can be challenged.

A DUI charge is not a conviction. It's the starting point of a case that can still be fought — on the stop, on the tests, on the evidence, and on the 10-day clock that most drivers never even know exists.

If you or someone you love was just arrested for a DUI, call 619-500-4006 now. The consultation is free and confidential, and the sooner we're involved, the more of that 10-day window we have to work with.

This post is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship with Alvarez Nguyen Law APC. Laws and deadlines change, and how they apply depends on the specific facts of your case. If you are facing a DUI arrest or charge, call 619-500-4006 for a free consultation before making any decisions.