California DUI Charges: What Happens and What to Do

In California, driving with a blood-alcohol concentration of 0.08% or higher is unlawful under Vehicle Code § 23152. A DUI arrest triggers two separate processes: an administrative license action through the DMV and a criminal case in court. Each has its own deadlines, and the DMV clock starts running immediately at arrest.

What the law actually prohibits

California's core DUI statute is Veh. Code § 23152. It makes it unlawful to drive while under the influence of alcohol or drugs, and separately unlawful to drive with a blood-alcohol concentration (BAC) of 0.08% or more for most drivers.

The threshold is lower for certain drivers. Commercial drivers face a 0.04% limit, and drivers under 21 are subject to a near-zero standard under California's laws governing underage drivers. Causing injury while driving under the influence is charged under Veh. Code § 23153, a more serious offense.

A charge under § 23152 does not require an accident, erratic driving, or a high reading — a lawful traffic stop combined with a qualifying BAC or observed impairment is the typical basis.

Two cases, not one

A single arrest sets two independent proceedings in motion, and confusing them is the most common early mistake.

The DMV proceeding is administrative and moves on its own timeline regardless of what happens in court. Losing one does not automatically decide the other. The criminal court applies the beyond-a-reasonable-doubt standard; the DMV hearing uses a lower administrative standard and a narrower set of questions.

The DMV clock and the 10-day rule

When an officer arrests a driver for DUI and the BAC is 0.08% or above (or the driver refuses a chemical test), the officer typically takes the physical license and issues a temporary paper permit. This starts an administrative process authorized under California's implied-consent and suspension provisions, including Veh. Code § 13353.2.

A driver generally has 10 days from the date of arrest to request an administrative hearing with the DMV. Missing that window typically means the suspension takes effect automatically once the temporary permit expires. Requesting the hearing preserves the chance to contest the suspension and, in many cases, keeps driving privileges intact until the hearing concludes.

Because this deadline is short and does not wait for a court date, people facing a DUI often address the DMV question first.

Penalties and what shapes them

Sentencing for a conviction under § 23152 is governed by a cluster of Vehicle Code sections, with penalties escalating based on prior offenses within a look-back period. A first offense generally carries fines, a license suspension, mandatory DUI education, and possible probation; jail exposure exists but varies.

Repeat offenses and aggravating facts — a very high BAC, a refusal, an accident, injuries, or a minor in the vehicle — increase exposure. A DUI causing injury under Veh. Code § 23153 is treated far more seriously and can be charged as a felony depending on the circumstances.

Courts also commonly order an ignition interlock device and completion of a licensed DUI program before a license is reinstated. The specific consequences depend on the charge, the driver's record, and the facts.

What a defense actually examines

A DUI defense is fact-driven and generally focuses on the legality and reliability of the evidence rather than any promise of an outcome. Common areas of scrutiny include:

• The stop. Whether the officer had lawful cause to pull the vehicle over.
• The testing. Whether breath or blood testing followed required procedures and whether the equipment was properly maintained and calibrated.
• The observations. Whether field sobriety tests and officer observations were conducted and recorded correctly.
• The chain of custody for blood samples.

Because both the DMV hearing and the criminal case have firm deadlines, people often consult a lawyer promptly. You can review attorneys who handle these matters at /lawyers/dui-defense or use /find-counsel. Broader criminal matters are covered at /lawyers/criminal-defense. Before hiring anyone, it is worth learning how to verify a California attorney's license.

Frequently asked questions

How long do I have to request a DMV hearing after a DUI arrest?

California generally allows 10 days from the date of arrest to request an administrative DMV hearing. This deadline is separate from any court date and runs immediately. Missing it typically means the license suspension takes effect automatically when your temporary permit expires.

Is a first DUI a felony in California?

A first-time DUI under Vehicle Code § 23152 is typically charged as a misdemeanor. It can become a felony when there are aggravating facts, such as injury to another person under Vehicle Code § 23153, or with certain prior convictions. The specific charge depends on the facts.

Can I refuse a breath or blood test?

California's implied-consent law means refusing a chemical test after a lawful DUI arrest can trigger a separate administrative license suspension and additional penalties, independent of the underlying DUI charge. The consequences of refusal are governed by the Vehicle Code and can be significant.

Will I automatically lose my license after a DUI arrest?

Not automatically, but the DMV begins a suspension process at arrest. Requesting a hearing within the 10-day window preserves your ability to contest it and often keeps you driving until the hearing concludes. The criminal case can also affect your license separately.

What is the difference between the DMV case and the court case?

The DMV handles your driving privilege through an administrative process, while the Superior Court handles the criminal charge, fines, and record. They run on separate timelines and use different standards, so the outcome of one does not automatically decide the other.

Legal information, not legal advice.