California DUI FAQ

You have only 10 calendar days from the date of arrest to request a hearing with the California DMV under Vehicle Code 13558. This is separate from the criminal court case. If you miss the 10-day window, the administrative suspension of your license takes effect automatically, usually 30 days after the arrest. Requesting the hearing in time preserves your ability to drive while the matter is pending and gives you a chance to challenge the suspension. Because the deadline is so short, this is one of the first things to handle after an arrest.

A first DUI triggers two separate license actions. The DMV imposes an administrative suspension of about 4 months for a first offense with a blood alcohol concentration of 0.08 percent or higher, and the court can impose its own suspension upon conviction. For most first offenses you can apply for a restricted license, often by installing an ignition interlock device, which lets you keep driving for work and daily life. Requesting the DMV hearing within 10 days can delay or, if you win, prevent the administrative suspension.

A standard first offense under Vehicle Code 23152 is a misdemeanor. The typical exposure includes informal probation, a 3-month or 9-month licensed DUI program depending on the blood alcohol level, court fines and fees, a license suspension, and an ignition interlock requirement. Jail is possible but is frequently avoided or served through alternatives on a first offense without aggravating factors. The exact outcome depends on the county, the facts of the stop and testing, and your record.

Field sobriety tests, the walk-and-turn, the one-leg stand, and the eye test, are voluntary in California. You can politely decline them, and there is no license penalty for refusing these roadside exercises. They are designed to produce evidence of impairment, and they are difficult to perform even sober. This is different from the chemical test after a lawful arrest, which is governed by the implied consent law and does carry consequences for refusal.

Refusing a chemical test after a lawful DUI arrest carries consequences under California's implied consent law, including a longer license suspension, typically a year for a first refusal, and a possible sentencing enhancement. However, a refusal allegation is not automatic proof. The prosecution and the DMV have to show the arrest was lawful and that you were properly admonished about the consequences. Whether the refusal holds up depends on how the stop, arrest, and advisement were handled, and those are often where the case is won or lost.

Yes, a reduction from a DUI under Vehicle Code 23152 to a wet reckless under Vehicle Code 23103.5 is a common negotiated outcome. It is not automatic; the prosecution offers it based on the strength of the case, the blood alcohol level, the absence of aggravating factors, and the county's practices. A wet reckless carries lighter consequences than a DUI but still counts as a priorable alcohol offense for 10 years. A borderline reading with no priors and no accident is one of the stronger fact patterns for a reduction.

A DUI conviction stays on your California driving record for 10 years from the date of the offense, and it counts as a priorable offense for that same 10-year period, meaning a new DUI within that window is treated as a second offense. On your criminal record, a misdemeanor DUI conviction remains unless it is expunged. After you complete probation, you may be eligible to have the conviction set aside under Penal Code 1203.4, which helps with employment and background checks.

In many cases, yes. If you were convicted of a misdemeanor DUI, completed probation successfully, and have no new charges pending, you can petition the court to set the conviction aside under Penal Code 1203.4. An expungement releases you from many of the consequences of the conviction and lets you state, in most situations, that you were not convicted. It does not erase the DUI for DMV priorable purposes, but it is valuable for employment and licensing.

A DUI is a criminal charge with a parallel DMV action, short deadlines, and lasting consequences for your license, your record, and your job. An experienced California DUI defense attorney can request the DMV hearing in time, examine the stop and the chemical testing for defects, and negotiate for a reduction or dismissal. The free written case analysis on this site is a useful starting point, and you can call me directly to discuss your specific situation.

The standard limit is 0.08 percent for drivers 21 and over. For drivers under 21 the limit is effectively 0.01 percent under the zero-tolerance law. For commercial drivers the limit is 0.04 percent while operating a commercial vehicle. You can also be charged for driving under the influence even below these numbers if an officer believes your driving was impaired by alcohol or drugs, because impairment, not just the number, is what the statute reaches.

Most California DUIs are misdemeanors, including typical first, second, and third offenses. A DUI becomes a felony when there is injury to another person under Vehicle Code 23153, when it is a fourth or subsequent offense within 10 years under Vehicle Code 23550, or when the driver has a prior felony DUI. Whether an injury case is filed as a felony or a misdemeanor is a wobbler, decided by the prosecutor based on the severity of the injuries and your record.

Beyond the court fines and penalty assessments, a DUI carries DMV fees, the cost of the licensed DUI program, ignition interlock installation and monitoring, and an SR-22 insurance filing that raises premiums for years. The total varies widely by offense level and county. The financial picture is one reason the outcome of the case matters so much, because a reduction or dismissal lowers or removes many of these costs.

It can. Some employers run background checks, and many professional licensing boards, for nurses, drivers, teachers, contractors, and others, have reporting duties and their own review process. The way the criminal case is resolved often drives the employment and licensing outcome, which is why these consequences should be considered from the start. There are guides on this site for several specific professions.

Act on the 10-day DMV hearing deadline, write down everything you remember about the stop and the testing while it is fresh, gather any documents you were given including the pink temporary license, and avoid discussing the case with anyone but your attorney. Do not assume the case is hopeless because of a breath or blood number; those results depend on procedures and instruments that can be challenged. Getting advice early protects both your license and your defense.