A California DUI sets two separate cases in motion at once — a criminal case in court and an administrative action by the DMV against your driver's license — and the DMV clock starts ticking immediately. This guide explains both tracks, the legal limits, how penalties escalate, and the deadlines you cannot afford to miss.

This is general information about California law, not legal advice. If you have been arrested for DUI, consult a California-licensed attorney quickly — some deadlines run in days.

Two cases, one arrest

A DUI under Veh. Code § 23152 triggers two independent proceedings. The criminal case in the Superior Court can impose fines, DUI education, probation, license restrictions, and (with priors or injury) jail. Separately, the DMV pursues an Administrative Per Se (APS) suspension of your license. The two are decided by different bodies under different standards, and you must respond to both.

The distinction matters because the outcomes are not linked. You can win one case and lose the other. A criminal court can dismiss your charges or reduce them to a non-alcohol offense (such as a "wet reckless" under Veh. Code § 23103.5), yet the DMV can still suspend your license through its own administrative process — unless you request and win the DMV hearing. The reverse is also true: prevailing at the DMV does not by itself end the criminal case. Because the two tracks proceed on different timelines and answer to different decision-makers, most people facing a DUI benefit from handling both at the same time rather than treating the court case as the only thing that matters.

The 10-day DMV deadline

This is the trap that catches people: you have only 10 days from the date of arrest to request a DMV hearing, or your license is suspended automatically. Requesting the hearing preserves your right to challenge the suspension and can keep you driving while it is pending. An attorney can request the hearing on your behalf — but the clock does not wait.

When you are arrested for DUI and a chemical test shows a blood-alcohol level at or above the legal limit (or you refuse the test), the officer typically takes your physical license and serves you with an Order of Suspension and Temporary License — often printed on pink paper. That document is usually valid for 30 days and acts as a temporary license while the suspension is pending. The 10-day window to demand a hearing runs from the date of arrest, not from the date you happen to read the paperwork. If you do not request a hearing in time, the suspension takes effect at the end of the temporary-license period and you lose the chance to contest it administratively. The hearing is your opportunity to question whether the stop was lawful, whether the officer had reasonable cause, and whether the test results are reliable.

The California DUI statutes

California's core drunk-driving offenses live in the Vehicle Code, and it helps to understand which section does what:

  • Veh. Code § 23152(a) — driving "under the influence" of alcohol. This subsection is about impairment: the prosecution argues your ability to drive was affected, regardless of a specific number.
  • Veh. Code § 23152(b) — the "per se" offense of driving with a blood-alcohol concentration of 0.08% or more. Here the number itself is the violation. Drivers are frequently charged under both (a) and (b) for the same incident.
  • Veh. Code § 23152(f) and (g) — driving under the influence of drugs, or the combined influence of alcohol and drugs.
  • Veh. Code § 23153 — DUI causing bodily injury to another person, which can be charged as a felony.
  • Veh. Code § 23136 — the "zero tolerance" law for drivers under 21, who may not drive with a BAC of 0.01% or more.
  • Veh. Code § 23612 — California's implied-consent law governing chemical testing after a lawful DUI arrest.
  • Veh. Code § 23103.5 — the "wet reckless," a reduced charge sometimes negotiated in place of a DUI.

The legal limits

California's blood-alcohol limits are 0.08% for most drivers, 0.04% for commercial drivers, and 0.01% for drivers under 21 and those on DUI probation (Veh. Code § 23152, § 23136). You can also be charged for driving impaired by drugs — including prescription medication and cannabis — regardless of any specific level.

It is a common misunderstanding that you are safe as long as you are under 0.08%. You are not. Under § 23152(a), a driver can be convicted of DUI even with a BAC below 0.08% if the prosecution shows that alcohol or drugs actually impaired the driver's ability to operate the vehicle safely. For drivers on DUI probation and those under 21, the threshold drops to 0.01%, meaning even a trace of alcohol can trigger consequences. For drug DUIs — including legal cannabis and validly prescribed medications — California has no equivalent of the 0.08% bright line; the question is whether the substance impaired your driving.

Implied consent and chemical-test refusal

Under California's implied-consent law (Veh. Code § 23612), by driving you have agreed to submit to a chemical test (breath or blood) after a lawful DUI arrest. Refusing the test carries its own consequences — a longer mandatory license suspension and a sentencing enhancement — on top of the underlying DUI. Pre-arrest roadside field sobriety tests and the handheld preliminary breath test (PAS) are generally optional for most adult drivers; the post-arrest chemical test is not.

The practical contours matter. Before an arrest, an officer may ask you to perform field sobriety tests (walking a line, standing on one leg) and to blow into a handheld preliminary alcohol screening device. For most drivers 21 and over who are not on DUI probation, those pre-arrest tests are voluntary, and declining them is generally not itself a crime. After a lawful arrest, however, implied consent applies and a refusal to take the official breath or blood test brings enhanced penalties — including a license suspension that is typically one year for a first refusal, separate from and longer than the standard administrative suspension, plus additional mandatory jail time if you are later convicted. Drivers under 21 and those on DUI probation have effectively agreed to the preliminary screening as well.

How penalties escalate

A first-offense misdemeanor DUI typically involves fines and fees, DUI school, probation, and a license suspension; courts increasingly require an ignition interlock device (IID). Penalties rise sharply with each prior DUI within a 10-year lookback period — longer license suspensions, mandatory jail minimums, and longer DUI programs. A DUI that causes injury can be charged as a felony, and a fourth DUI within ten years is a felony. A DUI causing death can lead to charges as serious as gross vehicular manslaughter or even murder under a Watson theory for repeat offenders.

The general tiers for a standard (non-injury) DUI look roughly like this, though actual outcomes vary by county, by the facts, and by the judge:

  • First offense — misdemeanor; typically informal probation, fines and fees, a 3- or 9-month DUI program, and a license suspension, with jail exposure up to six months that is often not imposed for a clean first offense.
  • Second offense (within 10 years) — misdemeanor; a mandatory minimum jail term, a longer (often 18-month) DUI program, a longer license suspension, and typically an IID requirement.
  • Third offense (within 10 years) — misdemeanor; a longer mandatory minimum jail term, designation as a "habitual traffic offender," an extended license revocation, and the 18- or 30-month program.
  • Fourth offense (within 10 years), or DUI with injury — may be charged as a felony, with state prison exposure, a multi-year license revocation, and far heavier collateral consequences.

Because a Watson advisement is read to most people convicted of DUI, a later DUI causing a death can support a second-degree murder charge on the theory that the driver knew the danger and acted with implied malice. The escalation from a first misdemeanor to a homicide charge underscores why repeat offenses are treated so seriously.

Possible defenses

DUI cases turn on detailed facts: whether the traffic stop was lawful, whether field sobriety and breath tests were properly administered and the equipment properly calibrated, whether the blood draw followed protocol, rising-blood-alcohol arguments, and medical or dietary explanations for test results. An attorney evaluates both the criminal case and the DMV hearing, which sometimes presents the better opportunity to protect your license.

Some recurring lines of defense include challenging the legality of the initial stop (if the officer lacked reasonable suspicion, evidence that followed may be suppressed); questioning whether the breath machine was properly calibrated and maintained, and whether the operator followed the required observation period; raising the rising-blood-alcohol argument, where alcohol consumed shortly before driving had not yet been fully absorbed, so the BAC at the time of driving was lower than at the time of the test; and identifying medical conditions, diets, or mouth-alcohol sources that can skew breath results. None of these guarantees an outcome, but each can create the kind of reasonable doubt that defines a contested DUI case.

What happens after a DUI arrest, step by step

  1. Arrest and chemical test. After a lawful DUI arrest, you are asked to take an official breath or blood test under implied consent. The officer typically confiscates your license and serves the pink Order of Suspension and Temporary License.
  2. Booking and release. You are booked and usually released on your own recognizance or after posting bail, with a citation or a date to appear in court.
  3. Request the DMV hearing — within 10 days. Demand the APS hearing before the deadline to preserve your license rights and keep driving while it is pending. An attorney can do this for you.
  4. Arraignment. Your first court appearance, where the charges under § 23152 are read and you enter a plea (often not guilty at this stage).
  5. DMV hearing. A separate administrative proceeding examining whether the officer had reasonable cause, whether the arrest was lawful, and whether your BAC was 0.08% or more (or you refused testing).
  6. Pretrial and negotiation. Your attorney reviews the police report, calibration and maintenance records, and test data, files motions, and may negotiate a reduction (such as a wet reckless) or dismissal.
  7. Trial or resolution. If the case does not resolve, you have the right to a jury trial where the prosecution must prove the charge beyond a reasonable doubt.
  8. Sentencing. On a conviction or plea, the court imposes penalties within the statutory range — commonly fines, a DUI program, probation, and license conditions, escalating with priors.

Frequently asked questions

What do I do first after a DUI arrest?

Request a DMV hearing within 10 days of the arrest, or your license is suspended automatically. The DMV case is separate from the criminal case, and both need to be handled.

What is the blood-alcohol limit in California?

0.08% for most drivers, 0.04% for commercial drivers, and 0.01% for drivers under 21 or on DUI probation (Veh. Code § 23152). You can also be charged for drug impairment, including from cannabis or prescription medication, with no fixed numeric limit.

Can I refuse a breath or blood test?

Under implied consent (Veh. Code § 23612), refusing the post-arrest chemical test brings extra penalties, including a longer suspension (typically a year for a first refusal) and a sentencing enhancement. Pre-arrest roadside field sobriety tests and the handheld PAS device are generally optional for adult drivers not on DUI probation.

What is a "wet reckless"?

A wet reckless (Veh. Code § 23103.5) is a reduced charge that prosecutors sometimes agree to in place of a DUI — reckless driving involving alcohol. It generally carries lighter consequences than a DUI but can still count as a prior if you are charged with a DUI again within the lookback period.

How long do DUI penalties get worse?

Priors within a 10-year window escalate penalties significantly — longer suspensions, mandatory jail minimums, and longer programs. A DUI causing injury can be a felony (Veh. Code § 23153), a fourth DUI within ten years is a felony, and a DUI causing death can support charges as serious as murder for someone previously warned of the dangers.

Can I get a DUI for prescription drugs or cannabis?

Yes. California prohibits driving under the influence of any drug that impairs your ability to drive safely (Veh. Code § 23152(f)), including lawfully prescribed medication and legal cannabis. There is no 0.08%-style threshold for drugs; the question is impairment.

When to talk to a California DUI attorney

Because the DMV deadline runs in days, the time to seek advice is right after the arrest — not after the criminal court date. An attorney can request the DMV hearing for you, obtain and scrutinize the breath-machine calibration logs and the officer's report, identify whether the stop and arrest were lawful, and advise whether a reduction or dismissal is realistic. It is especially important to consult counsel quickly if there are prior DUIs within ten years, if anyone was injured, if a test was refused, or if you hold a commercial license or drive for a living, since the stakes and the rules are different. No attorney can promise a particular result, but early, informed action protects your options on both the criminal and the license side.

For the bigger picture, see our complete criminal defense guide. To find a California DUI attorney, browse the directory of attorneys licensed by the State Bar of California by practice area and county across all 58 counties — free, with no obligation.