California DUI Laws A–Z

After a California DUI arrest, the officer takes your license and gives you a pink DS-367 form that acts as a 30-day temporary license. You have 10 days from the arrest date to call the DMV Driver Safety Office and request an Administrative Per Se (APS) hearing. If you do not request the hearing within 10 days, the DMV will automatically suspend your license on day 31. A DUI attorney can request the hearing on your behalf and fight to keep your license valid.

California's implied consent law (Vehicle Code § 23612) requires any driver lawfully arrested for DUI to submit to a chemical test — breath or blood. Refusing a post-arrest chemical test results in an automatic 1-year license suspension for a first offense (2 years for a second, 3 years for a third), and the refusal can be used against you in court. Pre-arrest roadside PAS (Preliminary Alcohol Screening) tests are voluntary for most drivers over 21.

For most drivers 21 and older, the legal limit is 0.08% blood alcohol concentration (BAC) under Vehicle Code § 23152(b). Commercial drivers face a stricter 0.04% limit under § 23152(d). Drivers under 21 are subject to a zero-tolerance 0.01% limit under § 23136. You can also be convicted of DUI under § 23152(a) if you are impaired by alcohol or drugs regardless of your BAC.

A first-offense DUI in California (Vehicle Code § 23152) typically carries: 3–5 years of informal probation; fines and assessments totaling $1,800–$2,600 or more; a 6-month driver's license suspension (or 4-month APS suspension); mandatory DUI school (3 or 9 months); possible jail time of 48 hours to 6 months (often converted to community service); and an ignition interlock device (IID) requirement. Penalties increase significantly if your BAC was 0.15% or higher, if a minor was in the vehicle, or if there was an accident.

Most first, second, and third DUI offenses in California are misdemeanors. A DUI becomes a felony under Vehicle Code § 23550.5 or § 23153 when: it is a fourth or subsequent DUI within 10 years; the driver has a prior felony DUI conviction; the DUI caused bodily injury or death to another person; or the driver has a prior conviction for gross vehicular manslaughter while intoxicated. Felony DUI carries state prison time, a strike under California's Three Strikes Law in some cases, and a longer license revocation.

Yes. A wet reckless (Vehicle Code § 23103 per § 23103.5) is a reckless driving conviction with a notation that alcohol was involved. It carries lighter penalties than a DUI — lower fines, shorter DUI school, and no mandatory license suspension from the court. However, it still counts as a prior DUI for purposes of enhancement if you are arrested for DUI again within 10 years. Whether a prosecutor will agree to a wet reckless depends on the strength of the evidence and the skill of your attorney.

A California DUI conviction can have serious immigration consequences. A simple first-offense misdemeanor DUI is generally not a deportable offense on its own, but a DUI involving drugs, a DUI causing injury, or a felony DUI may be classified as a crime involving moral turpitude or an aggravated felony — both of which can trigger removal proceedings, bar re-entry, or affect naturalization. Non-citizens facing DUI charges should consult both a criminal defense attorney and an immigration attorney immediately.

A California DUI conviction stays on your criminal record permanently unless you successfully petition for expungement under Penal Code § 1203.4. For DMV and sentencing enhancement purposes, a DUI counts as a prior offense for 10 years from the date of the violation. After expungement, you can generally answer no to questions about prior convictions on job applications, though the conviction may still appear on background checks and must be disclosed for certain professional licenses and government positions.