A California DUI arrest can create two separate proceedings: a criminal case in court and an administrative driver’s-license case before the Department of Motor Vehicles. Each proceeding has its own rules, evidence, consequences, and deadlines.

The most urgent deadline often arrives first. A driver generally has only 10 days after receiving the suspension or revocation order to request a DMV hearing. Missing that deadline can allow the administrative suspension to take effect even though the criminal charge remains unresolved.

This guide explains California’s basic DUI laws, what may happen after an arrest, and why the evidence—not merely the reported blood-alcohol concentration—matters.

What Is a DUI Under California Law?

California Vehicle Code section 23152 establishes several DUI offenses. Two commonly filed alcohol-related charges are:

• Driving while under the influence of alcohol; and
• Driving with a blood-alcohol concentration of 0.08 percent or greater.

The first charge focuses on impairment: whether alcohol affected the driver’s ability to operate a vehicle with the caution of a sober person under similar circumstances.

The second is commonly called the “per se” BAC offense.

California also prohibits driving under the influence of drugs or a combination of alcohol and drugs. A drug does not have to be illegal. Prescription and over-the-counter medications may support a DUI charge when they allegedly impair a person’s ability to drive safely.

California BAC Thresholds

The applicable BAC threshold depends on the driver and vehicle:

• 0.08 percent: The standard per se threshold for most drivers age 21 or older operating a noncommercial vehicle.
• 0.04 percent: A threshold applicable when operating a commercial motor vehicle.
• 0.01 percent: California’s administrative zero-tolerance threshold for drivers under 21.
• 0.01 percent: A threshold that can trigger consequences for someone driving while on DUI probation.

A BAC below one of these thresholds does not necessarily prevent an impairment charge. The prosecution may rely on driving behavior, physical symptoms, field sobriety exercises, statements, video evidence, and chemical-test results.

A DUI Arrest Creates Two Separate Cases

1. The criminal court case

The district attorney decides whether to file criminal charges. The criminal proceeding determines guilt and may result in:

• Probation
• County jail or state-prison exposure
• Fines and penalty assessments
• A DUI education program
• An ignition-interlock requirement
• Restitution
• Other court-imposed conditions

The prosecution must prove the criminal charge beyond a reasonable doubt.

2. The DMV administrative case

The Administrative Per Se proceeding concerns the person’s driving privilege. It is independent of the criminal prosecution. Winning one proceeding does not automatically guarantee victory in the other.

According to the California DMV, a driver generally must request an administrative hearing within 10 days after receiving the suspension or revocation order. A timely hearing request provides an opportunity to challenge whether the administrative action is justified. See the California DMV’s official DUI guidance.

When an otherwise valid California license is taken during an arrest, the suspension order may serve as a temporary license for 30 days, subject to its printed terms and any other existing license action.

What Happens at a DMV Hearing?

The issues depend on whether the case involves a completed chemical test or an alleged refusal.

In a chemical-test case, potential issues may include:

• Whether the officer had lawful cause to believe the person was driving in violation of the DUI laws;
• Whether the arrest was lawful; and
• Whether the person drove with a prohibited BAC.

In a refusal case, the DMV may consider whether the person was properly advised and whether the driver refused or failed to complete the required test.

A DMV hearing is not a criminal trial. It is an administrative proceeding governed by a different burden of proof and focused on the person’s driving privilege.

Relevant evidence may include:

• The officer’s sworn report
• Body-worn and dashboard-camera recordings
• Dispatch and 911 records
• Breath-device maintenance and calibration records
• Blood-testing documentation
• Witness testimony
• Medical evidence
• Evidence concerning when the driving and testing occurred

Chemical Tests and Refusal Allegations

California’s implied-consent law generally requires a person lawfully arrested for DUI to submit to a qualifying chemical test. Refusing or failing to complete the required test can create additional license consequences and may also affect the criminal case.

A roadside preliminary alcohol screening test is not always the same as the evidentiary chemical test requested after an arrest. Different rules may apply to drivers under 21 and people on DUI probation.

The warnings, instructions, medical circumstances, and sequence of events may become contested. A refusal allegation should therefore be evaluated using the reports and available recordings rather than assumed from an arrest form.

Possible Consequences of a First DUI Conviction

A first DUI without injury is generally prosecuted as a misdemeanor. Potential consequences include:

• Informal probation
• County jail exposure
• Statutory fines and substantial penalty assessments
• A court-approved DUI education program
• Driver’s-license suspension or restriction
• Installation of an ignition interlock device
• An SR-22 insurance filing
• Increased insurance costs
• Victim restitution when the incident caused compensable loss

The actual sentence depends on the applicable statute, county practices, BAC allegations, driving conduct, criminal history, negotiated disposition, and other facts.

A general penalty chart cannot reliably predict the outcome of an individual case.

Repeat DUIs and the Ten-Year Lookback Period

California DUI penalties generally become more severe when a person has qualifying DUI or alcohol-related reckless-driving convictions within the statutory ten-year period.

Prior out-of-state convictions may count when they are sufficiently comparable to a California DUI offense.

A second or third qualifying DUI can result in:

• Increased minimum custody exposure
• Longer DUI education requirements
• More extensive license consequences
• Longer ignition-interlock restrictions

A fourth qualifying DUI within ten years may be prosecuted as a felony. A DUI may also be charged as a felony when it causes injury or the defendant has a qualifying prior felony DUI conviction.

Whether a prior conviction legally qualifies must be determined from the underlying court record and applicable statutes. It should not be assumed from a background-report summary.

DUI Causing Injury

Vehicle Code section 23153 addresses DUI causing bodily injury. Depending on the circumstances and prior history, the offense may be prosecuted as a misdemeanor or felony.

An injury case can involve:

• County jail or state-prison exposure
• Additional punishment based on the number and severity of injuries
• Victim restitution
• Longer license consequences
• Habitual-traffic-offender consequences
• A separate civil claim by an injured person

Causation is an essential issue. The prosecution must do more than establish impairment or a prohibited BAC. It must prove the required connection between unlawful driving conduct and another person’s injury.

Ignition Interlock Devices in 2026

An ignition interlock device, or IID, requires a driver to provide a breath sample before the vehicle will start. The device may request additional samples while the vehicle is being operated.

California’s statewide IID pilot program has been extended through January 1, 2033.

Depending on the case, an IID may be mandatory, ordered by the court, or selected as a route to restricted driving. A first-time alcohol-related offender may be able to choose an IID restriction or, in qualifying circumstances, a restriction permitting travel for employment and a DUI program.

Requirements may include:

• Enrollment in an approved DUI program
• Verification of IID installation
• An SR-22 insurance filing
• Payment of applicable fees
• Resolution of other license suspensions or holds

IID eligibility and available credit may depend on whether the case involves alcohol, drugs, injury, chemical-test refusal, or prior offenses. See the California DMV statewide IID program.

Factors That Can Increase DUI Consequences

Potentially aggravating allegations include:

• A high BAC
• Refusal or failure to complete a chemical test
• Excessive speed or dangerous driving
• A collision or bodily injury
• A child passenger
• Driving on a suspended or revoked license
• Prior DUI or qualifying reckless-driving convictions
• Being under 21
• Being on DUI probation

An allegation is not proof. Each enhancement or sentencing factor has legal and factual requirements that must be established through admissible evidence.

Common Issues in Defending a DUI Case

The available defenses depend on the evidence and circumstances.

Was the traffic stop lawful?

An officer generally needs a lawful basis to stop or detain a driver. Video, dispatch records, and witness testimony may differ from the officer’s written account.

Can the prosecution prove who was driving?

In cases involving a parked vehicle, collision scene, or delayed police response, the identity of the driver and time of driving may be disputed.

Were the field sobriety exercises reliable?

Balance, coordination, and divided-attention exercises can be affected by:

• Footwear
• Road conditions
• Lighting
• Age
• Injury or illness
• Fatigue
• Anxiety
• Confusing or incomplete instructions

Field sobriety exercises do not directly measure a person’s BAC.

Was the breath testing reliable?

Potential issues include:

• Device calibration and maintenance
• Operator compliance
• Mouth alcohol
• Environmental conditions
• Timing of the tests
• Compliance with the required testing procedures

Was the blood sample handled properly?

Blood evidence may raise questions involving:

• Collection procedures
• Preservatives
• Storage conditions
• Chain of custody
• Laboratory protocols
• Contamination
• Independent testing of a retained sample

Was the BAC still rising?

Alcohol may continue entering the bloodstream after driving. A later chemical-test result does not always establish the person’s BAC at the earlier time of driving without considering absorption, timing, food consumption, and other evidence.

Is there a medical explanation?

Medical conditions, injuries, fatigue, prescribed medications, or acute health events may resemble symptoms that an officer interprets as intoxication.

Can a DUI Charge Be Reduced?

The result depends on the admissible evidence, legal issues, prior history, and prosecutor’s assessment.

In some cases, negotiations may produce a reduced charge such as alcohol-related reckless driving, commonly called a “wet reckless,” or another appropriate disposition.

A wet reckless is not a separate offense initially charged by the prosecutor. It is a negotiated disposition. It can also be treated as a prior offense if another qualifying DUI occurs within the statutory period.

The immediate and long-term consequences should be evaluated carefully before accepting any negotiated resolution.

What Should You Do After a California DUI Arrest?

Practical steps include:

1. Read the suspension order and temporary license immediately.
2. Calendar the 10-day DMV hearing deadline.
3. Preserve photographs, videos, receipts, location information, and witness details.
4. Write down the sequence of events while it remains fresh.
5. Do not miss the criminal court date.
6. Do not drive unless the license or temporary privilege is valid.
7. Obtain legal advice before making statements about the incident.

Contact McGinity Law Office

A California DUI case should be evaluated as both a criminal prosecution and a separate DMV matter. Early investigation can be important because recordings may be overwritten, witnesses may become difficult to locate, and the DMV-hearing deadline passes quickly.

Contact McGinity Law Office to discuss the evidence, potential defenses, driver’s-license consequences, and available options.

Brian D. McGinity
California State Bar No. 212891
McGinity Law Office
Phone: 530-513-6836
Website: www.bmcglaw.com

This article provides general information about California law and does not constitute legal advice. Reading it or contacting McGinity Law Office does not, by itself, establish an attorney-client relationship. Laws, procedures, and outcomes vary. Past results do not guarantee a similar result.