How long does a DUI case take in California?

Arraignment typically comes within days to weeks of arrest, and Penal Code section 1382 then entitles a misdemeanor defendant to trial within 30 days if in custody or 45 days if out — but most defendants waive time so the defense can examine the evidence. Contested cases commonly run several months; the DMV track moves separately and faster.

A California DUI runs on two clocks. The DMV's administrative track is immediate: ten days from arrest to request the hearing, with a suspension otherwise effective 30 days after arrest. The criminal track starts at arraignment, where Penal Code section 1382 gives a misdemeanor defendant the right to trial within 30 days in custody or 45 days out of custody. In practice, most defendants enter a time waiver, because the defense needs what the prosecution often does not have on day one: the full arrest report, body-camera footage, calibration and maintenance records for the breath instrument, and blood results that can take weeks to return from the laboratory. Cases then proceed through pretrial conferences, discovery motions, and any suppression motion under Penal Code section 1538.5 before resolving by plea, dismissal, or trial — commonly a span of two to six months, longer when blood evidence or motions are contested. Felony DUI adds a preliminary hearing and a longer arc.

Authority: Cal. Penal Code § 1382