A DUI arrest in San Luis Obispo can turn your life upside down. Whether it’s your first offense or you’ve been through the process before, the fear, confusion, and potential consequences are very real. The flashing red and blue lights, the roadside questioning, the looming threat of jail or license suspension — it’s a moment that can change everything.
You may be asking yourself: Will I lose my license? Do I have to go to court? What if I refused a test? These are common and valid questions, and you deserve clear, trustworthy answers.
At the Frederick Law Firm, we’ve helped hundreds of people just like you navigate DUI charges across San Luis Obispo County. From Paso Robles to Santa Maria, we know the legal terrain and the strategies that get results. This article outlines the key steps you must take after a DUI arrest — because timing is everything.
1. What to Do When You’re Pulled Over for DUI in California
Stay Calm and Polite: If you’re pulled over, remain calm and cooperative. Keep your hands visible and follow officer instructions without volunteering extra information. It’s important to know that admitting to drinking any amount of alcohol — even just one drink — will likely lead the officer to begin a full DUI investigation. While you should never lie to law enforcement, as false statements can be used against you, you are not required to disclose how much you’ve had to drink. If you are not impaired, it’s appropriate to respectfully state that you are not alcohol impaired.
Field Sobriety Tests: These are optional in California. You have the right to politely decline them. However, refusal may still result in arrest based on other observations. Officers can cite signs such as bloodshot or watery eyes, the smell of alcohol, and slurred speech as probable cause for a DUI arrest.
Preliminary Alcohol Screening (PAS): The PAS test is a roadside breath test using a handheld device. If you’re 21+ and not on DUI probation, you may refuse it. Refusal may still lead to arrest depending on observed behavior. Learn more in the California DMV Handbook on Alcohol and Drugs.
Blood vs. Breath Test After Arrest: Once arrested, you must take a chemical test — either blood or breath. Breath tests are fast and usually reliable if calibrated properly. Blood tests take longer and often involve a trip to a hospital, which may help your case if your BAC drops during that time. Blood results can also be retested by your defense.
Should You Refuse a Field Sobriety or PAS Test?
While legal in some cases, refusing a PAS or field sobriety test can still lead to immediate arrest. If you have a Commercial Driver’s License (CDL), refusal results in a one-year disqualification — even if you’re not driving a commercial vehicle. Review the rule in California Vehicle Code §13353.
2. Request a DMV Hearing Within 10 Days
Following your arrest, you have 10 calendar days to request a hearing with the DMV. This is a separate administrative process from your court case. If you don’t request it, your license will be automatically suspended.
At the hearing, a DMV officer will review the evidence and determine whether to suspend your license. You can request a “stay” of suspension while awaiting your hearing. Having an attorney represent you can greatly improve your outcome. Learn more at the DMV’s Administrative Hearings Page.
3. Document Everything
After release, write down everything you remember — what you were doing before the stop, how the officer behaved, what tests were administered, and what was said. This can be crucial for your defense attorney to evaluate the legality of your arrest.
4. Understand the Penalties You’re Facing
In California, DUI offenses carry significant consequences that increase with prior convictions or if the incident involves injury or other aggravating factors.
Misdemeanor DUI Penalties
For a first-time misdemeanor DUI, you may face:
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Informal probation for 3 to 5 years
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Fines and penalty assessments totaling approximately $1,500 to $2,500
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Jail time of up to 6 months
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Mandatory DUI education classes (3 to 9 months)
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Driver’s license suspension for 6 to 10 months, with possible restricted license
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Installation of an Ignition Interlock Device (IID) for up to 6 months
For more detail on penalties and eligibility for a restricted license, refer to the California DMV’s 1st Offender DUI Non-Injury Chart (PDF).
Second and third DUI offenses carry steeper penalties, including longer jail sentences (up to one year), extended DUI education programs, and longer IID installation requirements.
Felony DUI Penalties
A DUI can be charged as a felony if:
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It’s your fourth or subsequent DUI within 10 years
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You have a prior felony DUI conviction
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The DUI caused injury or death
Penalties for a felony DUI may include:
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State prison for 16 months to 4 years (or more if injury or death occurred)
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Fines up to $5,000, plus added court costs and assessments
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DUI education programs up to 30 months
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Driver’s license revocation for 4 to 5 years
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Designation as a Habitual Traffic Offender (HTO)
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Mandatory IID installation for up to 3 years
5. Hire a DUI Lawyer in San Luis Obispo — Why Frederick Law Firm is the Right Choice
Your best chance of avoiding jail, protecting your license, and minimizing long-term consequences is hiring a skilled, local DUI defense attorney. At the Frederick Law Firm, we bring years of experience defending clients charged with DUI throughout San Luis Obispo County — including San Luis Obispo, Paso Robles, Santa Maria, and beyond.
We understand the intricacies of local law enforcement procedures, the nuances of the county court system, and the importance of timing in DUI defense. Our legal team knows how to challenge improper stops, question test reliability, negotiate with prosecutors, and present compelling arguments to judges and DMV officers.
Whether you’re facing a first-time DUI or have prior offenses, we will build a personalized defense strategy designed to get the best possible outcome. We’ve helped hundreds of people just like you — and we’re ready to help you, too.
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Take Control of Your DUI Case — Contact Us Today
Don’t wait — you only have 10 days to act! Contact Frederick Law Firm for a free consultation and begin defending your rights today.
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Frequently Asked Questions (FAQ)
Q: How long do I have to request a DMV hearing after a DUI arrest in California?
A: You have 10 calendar days from the date of arrest to request a DMV hearing to contest your license suspension.
Q: Can I refuse a breathalyzer or blood test in California?
A: Refusing a chemical test after arrest leads to automatic license suspension and added penalties. You must take one under California’s implied consent law.
Q: What is the difference between the DMV hearing and the court case?
A: The DMV hearing affects your license. The court case is criminal and affects your record, jail time, and fines. They are separate processes.
Q: Will I need to install an IID?
A: Yes, first-time DUI offenders in California usually must install an ignition interlock device for 6 months.
Q: What happens if I refuse the field sobriety tests?
A: They’re optional, but refusal won’t stop arrest if other signs of impairment are present. These include slurred speech, alcohol odor, or bloodshot eyes.