Getting arrested for a DUI in West Covina is disorienting. Most people have no idea what comes next or how long the process takes. The criminal case and the DMV proceeding run on separate tracks, and missing a deadline on either one can make your situation significantly worse.
This is a straightforward timeline of how a DUI case moves through the system in West Covina and Los Angeles County and why working with a local criminal defense lawyer in West Covina can help protect your rights at every stage.
The Night of the Arrest
A DUI arrest in West Covina typically begins with a traffic stop. The officer may have observed erratic driving or a traffic violation, or you may have been stopped at a DUI checkpoint. After contact, the officer will likely ask you to perform field sobriety tests and submit to a preliminary alcohol screening (PAS) breath test.
You are not legally required to perform field sobriety tests in California if you are over 21 and not on DUI probation. You are required to submit to a chemical test, either breath or blood, after a lawful arrest. Refusing carries its own consequences, including automatic license suspension and the refusal being used against you in court.
After the arrest, you are booked, and your vehicle is typically impounded. You may be released on bail, on your own recognizance, or held depending on the circumstances.
The 10-Day DMV Deadline: Do Not Miss This
This is the step most people miss, and it has serious consequences.
Within 10 days of your arrest, you must contact the California DMV and request an Administrative Per Se (APS) hearing. This is a separate proceeding from your criminal case. It determines whether your driver's license will be suspended based on the arrest alone, independent of any court outcome.
If you do not request the hearing within 10 days, the DMV will automatically suspend your license 30 days after your arrest. No hearing, no second chance.
Public defenders do not represent you at DMV hearings. That is private representation, which is one of the most concrete reasons to contact a West Covina criminal defense attorney immediately after a DUI arrest. At SoCal Defense Lawyer, we handle the DMV hearing alongside your criminal case so the deadline does not get missed.
The First Court Appearance: Arraignment
DUI cases in West Covina are handled at the West Covina Courthouse, located at 1427 W. Covina Pkwy, West Covina, CA 91790. This is a branch of the Los Angeles County Superior Court.
Your arraignment is your first formal court appearance. The judge reads the charges against you, typically under Vehicle Code 23152(a) for impaired driving or Vehicle Code 23152(b) for a blood alcohol level of 0.08% or higher. You enter a plea: guilty, not guilty, or no contest.
In most DUI cases, the attorney enters a not guilty plea at arraignment. This preserves all your options and allows the defense to review the evidence before any resolution is discussed. You should have an attorney present at the arraignment.
Pre-Trial Proceedings: Evidence Review and Motions
After the arraignment, the defense receives the prosecution's evidence. In a DUI case, this includes police reports, dashcam and bodycam footage, breathalyzer calibration records, blood test results, and officer training records.
This is where a DUI defense is built. We look at whether the traffic stop was lawful, whether the breathalyzer was properly calibrated and administered, whether the blood sample was handled correctly throughout the chain of custody, and whether the field sobriety tests were conducted by the book.
If constitutional violations occurred during the stop or arrest, your attorney can file a motion to suppress the evidence. If the court grants the motion, the prosecution may not be able to proceed at all.
Pre-trial conferences are also used to negotiate with the prosecution. A charge reduction to a wet reckless (Vehicle Code 23103 per 23103.5) is a common outcome in first-offense cases where the defense has identified weaknesses in the prosecution's evidence.
The DMV Hearing Timeline
If you requested the APS hearing within 10 days, the DMV will schedule it, typically within 30 to 60 days of the request. The hearing is conducted by a DMV hearing officer, not a judge.
At the hearing, your attorney can challenge the legality of the stop, contest the accuracy of the chemical test, and argue that the arresting officer did not follow proper procedure. Winning the DMV hearing means your license is not suspended based on the APS action. Losing means the suspension moves forward, though a restricted license or IID arrangement may still allow you to drive.
The DMV hearing and the court case are independent. Winning one does not determine the other, but evidence developed at the DMV hearing can sometimes be used in the criminal case.
Plea Resolution or Trial
Most DUI cases in Los Angeles County are resolved before trial through a negotiated plea. Whether that is the right outcome depends on the evidence, the strength of the defense, and your personal circumstances.
Tammy Higgins spent 16 years as a public defender across Orange, Los Angeles, and San Bernardino counties, finishing in the Homicide Defense Unit. She has tried over 100 criminal cases to a jury verdict. When the evidence warrants going to trial, we prepare and try the case. When negotiation produces a better outcome, we negotiate from a documented trial record that prosecutors take seriously.
One of our clients, Michelle P., described a situation where a previous attorney had pushed her friend to accept 6 years and a strike. After we reviewed the case, the prosecution offered time served and no strike. Not every case resolves that way, but a thorough case review changes what prosecutors are willing to offer.
Sentencing If Convicted or If Pleading
If your case resolves through a plea or a guilty verdict at trial, sentencing follows. For a first-offense DUI in California with no aggravating factors, penalties may include:
Fines and court fees typically total $1,500 to $2,000 or more. A DUI program (3-month or longer education program). License suspension or restriction with an IID requirement. Informal probation for 3 to 5 years. Possible jail time, though many first-offense sentences are served through community service or a work release program.
Aggravating factors such as a high BAC, a prior record, an accident, or a child in the vehicle increase these penalties substantially.
After the Case: Post-Conviction Options
A DUI conviction does not have to be permanent. Most DUI convictions are eligible for expungement under California Penal Code 1203.4 after you complete probation. Expungement allows you to honestly answer "no" to most employment background check questions regarding that conviction.
Expungement does not remove the DUI from your DMV record, and a prior DUI can still count against you for a subsequent offense within 10 years. But for employment and most housing purposes, it makes a meaningful difference.
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