The Journal5 min read
DUI Defense in California: What the Law Says
How California DUI law works, from the two-charge structure to license consequences, and where the public roll shows who is licensed to handle it.
California prosecutes most impaired driving cases under Vehicle Code section 23152, which sets out two distinct offenses in the same arrest: driving under the influence of alcohol or drugs, and driving with a blood alcohol concentration of 0.08 percent or more. A DUI arrest also triggers a separate administrative process at the Department of Motor Vehicles. This page explains what the statutes say and where the public roll shows who is licensed to appear in these matters. It is general legal information, not legal advice.
What does California law actually say about DUI?
California's core DUI statute, Vehicle Code section 23152, does not create one charge. It creates two. Subdivision (a) covers driving under the influence, meaning your mental or physical abilities are impaired to the degree that you cannot drive with the caution of a sober person. Subdivision (b) covers driving with a blood alcohol concentration of 0.08 percent or more, measured by a chemical test. A person can be charged under both at once from a single stop.
Separate thresholds apply to specific drivers. Commercial drivers face a lower limit, and drivers under 21 fall under California's zero tolerance rules in Vehicle Code sections 23136 and 23140. Where a DUI causes injury to another person, the charge shifts to Vehicle Code section 23153, which can be filed as a felony. Drug impairment, including prescription and legal cannabis, is covered by the same statute; there is no per se numeric limit for most drugs, so those cases turn on evidence of impairment.
The two tracks: criminal court and the DMV
One of the most misunderstood features of California DUI law is that an arrest sets two separate processes in motion, and they run on different timelines with different decision-makers.
| Track | Who decides | What is at stake |
|---|---|---|
| Criminal case | The court (judge or jury) | Fines, probation, jail, DUI programs, criminal record |
| Administrative per se | The DMV | Driving privilege (license suspension) |
The DMV process is administrative. It concerns your driving privilege only, and it moves quickly. California law generally allows a short window, often cited as 10 days from arrest, to request an administrative hearing to contest the suspension. Because that period is brief and the deadline is set by rule, confirming the current requirement directly with the DMV is the factual step. The criminal case, by contrast, follows the ordinary court calendar and can take months.
As of September 2026, a California DUI arrest under Vehicle Code section 23152 generally begins two parallel proceedings: a criminal case decided by the courts and an administrative license action handled by the Department of Motor Vehicles. The criminal case can carry fines, probation, mandated DUI education programs, and, depending on priors and injury, jail. The DMV action addresses only the driving privilege. Penalties escalate with prior convictions inside the statutory look-back period and where injury occurs under Vehicle Code section 23153. This passage describes the general structure of California law. It does not state the outcome of any individual case, does not list exact fine amounts or suspension lengths (which vary by offense level, priors, and test results), and does not apply to any specific person's situation. Deadlines and procedures can change, so confirm current requirements with the court and the DMV.
How much does a DUI defense lawyer cost in California?
There is no fixed statutory price for DUI defense in California. Fees vary widely by county, by whether the case is a misdemeanor or felony, by the number of prior convictions, and by whether the matter resolves early or goes to trial. Many defense attorneys charge a flat fee for a straightforward misdemeanor and bill differently for cases that proceed to a jury.
California attorney fees are governed generally by Business and Professions Code section 6148, which requires a written fee agreement in most matters expected to exceed a set amount. The public record does not publish what any individual lawyer charges. For a general overview of fee structures, see our explainer on California lawyer costs and retainers. If you cannot afford counsel, the Sixth Amendment right to appointed counsel applies in criminal cases, and the court can appoint a public defender.
What the public record can and cannot tell you
The public record maintained by the State Bar of California shows whether a person is licensed to practice law in the state, their license status, the date of admission, and any public discipline on file. It does not label anyone a DUI attorney, and California does not offer a State Bar certified area of specialization in DUI or general criminal defense. The California Attorney Registry is an independent index of that public roll. It issues no ratings, no rankings, and no scores, and it does not operate a referral service.
What you can confirm from the record:
- Active or inactive license status
- Admission date and years in practice
- Any public discipline history
- Bar number and contact information on file
What the record cannot tell you is how a lawyer will handle a particular case, or predict any result. For the mechanics of confirming a license, see how to verify a California attorney's license and our California attorney record check guide. You can browse the public roll by practice area, including DUI defense and broader criminal defense.
How DUI connects to other California charges
A DUI arrest rarely stands entirely alone. Depending on the facts, related counts can include reckless driving, driving on a suspended license, or, where serious injury or death occurs, felony charges. Prior convictions matter because California uses a statutory look-back period that affects how a new offense is classified and sentenced. For how felony classification works generally, see how felony charges work in California. For a plain walkthrough of the arrest-to-arraignment sequence, see California DUI charges: what happens and what to do.
Deadlines throughout the process are strict, and criminal and administrative timelines differ. Our overview of California filing deadlines and statutes of limitation explains how time limits are set by statute rather than by any single agency.
Where to go from here
If you want to confirm that a California attorney is licensed and in good standing, or you are checking how your own record appears, the California Attorney Registry indexes the public roll and shows you the source of each fact. Start at California Attorney Registry to look up a license, review status, and see what the public record contains.
Legal information, not legal advice. This brief provides general legal and professional information; it is not a substitute for counsel on a specific situation, and reading it creates no attorney–client relationship.