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 has not been resolved.
This guide explains the basic California DUI rules, what happens after an arrest, and why the facts and evidence—not merely the reported blood-alcohol number—matter.
What Is a DUI Under California Law?
California Vehicle Code section 23152 contains several DUI offenses. Two commonly filed alcohol-related charges are:
- Driving while under the influence of alcohol; and
- Driving with a blood-alcohol concentration, or BAC, of 0.08 percent or more.
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 often described as 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 allegation if they impaired the person’s ability to drive safely.
California BAC Thresholds
The threshold applicable to a driver depends on the circumstances:
- 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 driving 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 a person driving while on DUI probation.
A BAC below a listed threshold does not necessarily prevent an impairment charge. The prosecution may rely on driving behavior, physical symptoms, field sobriety tests, statements, video, and chemical-test evidence to argue that the person was under the influence.
A DUI Arrest Creates Two Separate Cases
1. The criminal court case
The district attorney decides whether to file criminal charges. The court case determines guilt and may result in probation, jail, fines and assessments, a DUI education program, an ignition interlock requirement, restitution, and other conditions.
The prosecution must prove the charge beyond a reasonable doubt.
2. The DMV administrative case
The Administrative Per Se process 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 has the right to request an administrative hearing within 10 days of receiving the suspension or revocation order. A timely hearing request creates an opportunity to challenge whether the administrative action is justified. See the California DMV DUI guidance.
When an otherwise valid California license is taken during the arrest, the suspension order may serve as a temporary license for 30 days, subject to the terms printed on the notice and any other existing license action.
What Happens at a DMV Hearing?
The precise issues depend on whether the case involves a completed chemical test or an alleged refusal. In a test case, issues may include whether the officer had lawful cause, whether the arrest was lawful, and whether the person drove with the prohibited BAC. A refusal proceeding can involve whether the driver was properly advised and refused or failed to complete the required test.
The hearing is not a criminal trial. It is an administrative proceeding governed by a different burden of proof and focused on the driving privilege.
Evidence may include:
- The officer’s sworn report
- Body-worn and dashboard-camera footage
- Dispatch and 911 records
- Breath-test maintenance and calibration records
- Blood-testing records
- Witness testimony
- Medical evidence
- Evidence concerning the timing of driving and testing
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 affect the criminal case.
A roadside preliminary alcohol screening test is not always the same as the evidentiary chemical test requested after arrest. The rules also differ for drivers under 21 and people on DUI probation.
Because the warnings, sequence of events, medical issues, and officer’s instructions can become contested, a refusal allegation should be evaluated from the recordings and reports rather than assumed from the notation on an arrest form.
Possible Consequences of a First DUI Conviction
A first DUI without injury is generally prosecuted as a misdemeanor. Potential consequences can include:
- Informal probation
- County jail exposure
- Statutory fines plus substantial assessments and program costs
- A court-approved DUI education program
- Driver’s-license suspension or restriction
- 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 statute, county practices, BAC allegations, driving conduct, criminal history, negotiated disposition, and other facts. No penalty chart can reliably predict the result 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 offense.
A second or third qualifying DUI can lead to increased minimum custody exposure, longer education requirements, more extensive license consequences, and 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 when the person has a qualifying prior felony DUI conviction.
Whether a prior conviction legally qualifies must be determined from the record and the applicable statutes; it should not be assumed from a summary on a background report.
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:
- Jail or state-prison exposure
- Additional punishment based on the number and severity of injuries
- 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 statutory connection between unlawful driving conduct and injury.
Ignition Interlock Devices in 2026
An ignition interlock device, or IID, requires a breath sample before a vehicle will start and may require 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, court ordered, 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 work-and-program restriction. Requirements can include enrollment in a DUI program, installation verification, SR-22 proof, payment of fees, and resolution of other holds. See the California DMV statewide IID program.
IID eligibility and credit can depend on whether the case involves alcohol, drugs, injury, refusal, or prior offenses.
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 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 with admissible evidence.
Common Issues in Defending a DUI Case
The available defense depends on the evidence. Issues commonly investigated include:
Whether the stop was lawful
An officer generally needs a lawful basis to stop or detain a driver. Video, dispatch records, and witness testimony may differ from the narrative in the report.
Whether the person was driving
In cases involving a parked vehicle, collision scene, or delayed police arrival, the identity of the driver and the time of driving may be disputed.
Field sobriety testing
Balance, coordination, and divided-attention exercises can be affected by footwear, road surface, lighting, age, injury, illness, fatigue, anxiety, and the instructions given.
Breath-test reliability
Potential issues include calibration, maintenance, operator compliance, mouth alcohol, radio-frequency interference, environmental conditions, and whether the testing protocol was followed.
Blood-test reliability
Blood evidence may raise questions involving collection, preservatives, storage, chain of custody, laboratory procedures, contamination, and independent retesting of a retained sample.
Rising blood alcohol
Alcohol may continue entering the bloodstream after driving. A later chemical result does not always establish the BAC at the earlier time of driving without considering absorption, timing, food, and other evidence.
Medical explanations
Certain medical conditions, injuries, fatigue, prescribed medications, or acute health events may resemble symptoms an officer associates with intoxication.
Can a DUI Be Reduced?
The outcome depends on the admissible evidence, legal issues, prior record, and prosecutor’s assessment. In some cases, negotiations may result in 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 charged at the outset. It is a negotiated disposition, and it can be treated as a prior offense if another qualifying DUI occurs within the statutory period. The practical consequences should be compared carefully with the charged DUI before accepting any resolution.
What Should You Do After a California DUI Arrest?
Practical steps include:
- Read the suspension order and temporary license immediately.
- Calendar the 10-day DMV hearing deadline.
- Preserve photographs, videos, receipts, location data, and witness information.
- Write down the sequence of events while it is still fresh.
- Do not miss the criminal court date.
- Avoid driving unless the license or temporary privilege is valid.
- Obtain legal advice before making statements about the incident.
Contact McGinity Law Office
A DUI case should be evaluated as both a criminal prosecution and a separate DMV matter. Early investigation can be important because video may be overwritten, witnesses become harder to locate, and the DMV-hearing deadline passes quickly.
Contact McGinity Law Office to discuss the evidence, potential defenses, 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 is not legal advice. Reading it or contacting McGinity Law Office does not, by itself, create an attorney-client relationship. Laws, procedures, and outcomes vary. Past results do not guarantee a similar result.
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