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DUI defense in California

A DUI arrest starts two separate cases on two separate clocks. Most people lose the first one without knowing it existed. Here is how the process actually works, what you are facing, and where these cases get won.

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You have two cases, not one

An arrest for driving under the influence opens two proceedings that run independently of each other:

  • The DMV case. An administrative action against your license. The DMV runs it under the Vehicle Code and the Administrative Procedure Act. It has nothing to do with guilt — it is about your driving privilege, and it moves fast.
  • The criminal case. Filed by the District Attorney in the Superior Court of the county where you were arrested. Fines, probation, DUI school, and in some cases jail.
You have 10 days. From the date you receive the Order of Suspension, you have ten days to request a DMV hearing. Miss it and you forfeit the hearing entirely and the suspension takes effect — no matter how the court case turns out. The pink temporary license the officer gave you is valid for 30 days.

Source: California DMV, Administrative Per Se fact sheet and the DMV DUI page.

The legal limits

DriverLimit
21 and over0.08%
Under 21 — zero tolerance0.01%
Anyone on DUI probation0.01%
Commercial license, in a commercial vehicle0.04%
Passenger for hire — rideshare, taxi0.04%

You can also be charged with no BAC number at all. Vehicle Code section 23152(a) covers driving under the influence — the prosecution argues impairment from the officer's observations, the field sobriety tests and the driving pattern. Subsection (b) is the per-se 0.08% charge. Most cases are filed as both. Separate subsections cover driving under the influence of a drug, and of alcohol and a drug combined.

What you are facing

California counts prior DUIs over a 10-year look-back. A wet reckless plea under Vehicle Code 23103.5 counts as a prior too. The figures below come from Superior Court DUI plea forms revised January 2026.

First offenseSecondThird
Jail exposure48 hours – 6 months10 days – 1 year120 days – 1 year
Base fine$390 – $1,000, plus penalty assessments — which typically multiply the total several times over
Probation3 to 5 years, mandatory (Veh. Code 23600)
DUI program3 months / 30 hours — or 9 months / 60 hours if BAC was 0.20% or higher, or you refused18 months or 30 months18 months or 30 months
Court license action6 months (10 with the 9-month program)2-year suspension3-year revocation
On fines. The $390 figure is the base. Penalty assessments, the court operations assessment, the conviction assessment and the restitution fine are added on top, and each county publishes its own schedule — one county's 2026 guidelines put a first-offense total near $1,800. Ask us what it runs in your county rather than trusting a number online.

When a DUI becomes a felony

  • A fourth offense — three or more priors within ten years (Veh. Code 23550).
  • Any DUI after a prior felony DUI (Veh. Code 23550.5).
  • A DUI causing injury (Veh. Code 23153). This is a wobbler — it can be charged as a misdemeanor or a felony. A first offense with probation carries 5 days to a year in county jail; without probation, 16 months, 2 or 3 years in state prison. Each additional injured victim can add a year, up to three.

Where these cases are won

A DUI case is not one accusation, it is a chain of them — the stop, the observations, the field tests, the chemical test, the machine, the paperwork. Every link has to hold. Ours is the work of finding the one that does not.

  • The stop. An officer needs reasonable suspicion to pull you over. Weaving inside your own lane, a delayed green light, an anonymous tip with nothing to corroborate it — these have all been litigated, and they do not always survive.
  • The breath machine. Breath instruments require calibration and maintenance on a schedule, run by trained operators, with records to prove it. Those records are obtainable, and they are not always clean.
  • Rising blood alcohol. The charge is being over the limit while driving, not an hour later at the station. Alcohol absorbs over time, and the gap between the stop and the test matters.
  • The blood draw. Chain of custody, the phlebotomist's qualifications, storage, preservative and clotting, and the option of a re-test of the sample.
  • Field sobriety tests. Only three are standardized, and they are scored against a protocol officers do not always follow. Age, weight, injury, footwear and the surface all affect them.
  • Medical and dietary explanations. GERD, keto diets and certain conditions can affect a breath result.

Not every case has a defense that wins outright. Many end in a reduction — a wet reckless, or a plea that keeps the jail time and the license consequences down. Knowing which case is which, early, is most of the value.

We handle these cases across seven counties

Pick yours for the local court, DUI programs and jail alternatives.

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This page is general information about California law, not legal advice, and reading it does not create an attorney–client relationship. Penalties and procedures vary by county, by judge and by the facts of your case. Talk to us about yours.

Your defense team

Attorneys who treat your case like it's their own

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Nathan Passavant

Nathan Passavant

Attorney · California Bar #310324

Nathan earned his J.D. from Michigan State University College of Law and was admitted to the bar in 2010. He is licensed to practice in California and founded The 805 Legal Team in 2017 to serve his Central California community, building it around DUI defense — the DMV hearing and the court case both, because losing track of either one costs clients their license. California Bar #310324.

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Straight answers, no runaround, and a team that fights both the DMV and the court so you don't have to face either alone.

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"I hired them for a citation which ended up being dismissed. The team was very helpful during the whole process and answered all my questions. Would definitely hire them again."

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What happens next

Getting help is simple

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Reach us 24/7. Tell us what happened — it's free and confidential.

We protect your license

We file your DMV hearing request before the 10-day deadline runs.

We build your defense

We review the evidence, the stop, and the testing, and map your options.

We fight for you

At the DMV and in court — for dismissal, reduction, or the best outcome.

Common questions

DUI Defense — questions we get asked

How long do I have to save my license?
Ten days from the date you received the Order of Suspension — that is the deadline to request a DMV hearing. Miss it and the suspension takes effect regardless of what happens in court. The temporary license the officer gave you is valid 30 days.
Will I go to jail for a first DUI?
A first offense carries a jail exposure of 48 hours to 6 months, but custody is frequently served through alternatives — work release, electronic monitoring or community service — depending on the county and the judge. Our county pages set out what each county actually offers.
Can a DUI be reduced?
Often, yes. A reduction to a wet reckless under Vehicle Code 23103.5 carries lighter penalties and a shorter program. It still counts as a prior if you are arrested again within ten years, so it is a real benefit but not a clean slate.
Do I have to take the breath test?
Refusing is not free. A first refusal carries a one-year DMV suspension instead of four months, and there is no restricted license during a refusal suspension. Refusing while on DUI probation adds another year.
How long does a DUI count against me?
California uses a ten-year look-back. A prior DUI — or a wet reckless — inside that window makes the new case a second offense, with the longer program and the longer suspension that follow.
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