The First 72 Hours After a DUI Arrest in LA: A Defense Checklist

The First 72 Hours After a DUI Arrest in LA: A Defense Checklist

What you do in the first 72 hours after a DUI arrest in Los Angeles often shapes the entire case. Two parallel proceedings start running on different clocks: a criminal case in court, and a Department of Motor Vehicles administrative case against your license. Here is the realistic checklist for the first 72 hours.

1. Calendar the 10-day DMV deadline.
You have exactly 10 calendar days from the date of arrest to request a DMV Administrative Per Se hearing. Calendar days, not court days. Including weekends and holidays. Missing the 10-day window means automatic license suspension on day 30, with no opportunity to challenge.

2. Request the DMV hearing in writing.
The DMV will issue you an Order of Suspension or Revocation, often as a pink temporary license at the time of arrest. Call your local DMV Driver Safety Office or fax/mail a written hearing request immediately. Get a confirmation number or fax confirmation. Do not rely on the officer’s verbal assurance that the request is automatic.

3. Preserve every piece of paperwork from booking and release.
The citation, the chemical test results, the booking paperwork, the property receipt, and any written advisements the officer gave you. Photograph everything in case the originals get lost. The chain of custody and the paperwork detail are central to many DUI defenses.

4. Do not give a recorded statement to detectives.
If a detective calls in the days after arrest seeking to “clarify” the night, decline politely and refer them to your attorney. Anything you say becomes evidence and is rarely as clean as the officer’s contemporaneous report.

5. Write down your own memory of the stop while it is fresh.
Time of stop, location, what the officer said before testing, what you said, how the field sobriety tests were administered, your physical condition at the time, anything unusual about the test administration. Memory fades fast and contemporaneous notes become evidence.

6. Identify witnesses before they disappear.
Passengers, restaurant or bar staff who served you, friends who saw you before driving, surveillance camera locations near the stop. Witness contact information gets lost quickly. Secure it in the first 72 hours.

7. Check the arraignment date on your paperwork.
The release paperwork lists the date, time, and courthouse for your first court appearance. Cite-and-release arraignments are usually scheduled several weeks out. In-custody bookings typically arraign within 24 to 48 hours.

8. Avoid driving on the temporary license without confirming it.
The pink temporary license issued at arrest is valid for 30 days from the arrest date UNLESS the DMV hearing produces a different result. If you have requested a hearing in time, your full driving privileges generally remain until the hearing officer issues a written decision.

9. Plan for the chemical test challenge early.
Breath machine maintenance logs, Title 17 calibration records, blood draw protocols, and chain-of-custody documentation are all subject to discovery. The defense work to challenge the chemical test begins with early identification of which records to subpoena.

10. Contact a DUI defense attorney before the arraignment.
The arraignment is a procedural step where you enter a plea (usually not guilty) and dates are set. Substantive defense work happens at pretrial conferences and through motion practice in the weeks that follow. Engaging counsel before the arraignment gives the defense a running start.

If you have just been arrested

The Law Office of Zak Fisher handles DUI defense in Los Angeles County. Free consultation, flat-rate fees, direct attorney access. (310) 818-7461 or info@zakfisherlaw.com. The 10-day DMV deadline is the most urgent piece.

This post is general legal information about California DUI procedure, not legal advice for any specific matter. Past results do not guarantee a similar outcome in your case. No attorney-client relationship is formed without a signed engagement letter. Attorney Advertising. Zak Fisher, Esq., California Bar No. 332712.