California DUI Laws, Penalties & How to Beat The Case (2027 Update)

Quick summary

Driving under the influence (DUI) in California means driving while alcohol or drugs impair you, or with a blood alcohol concentration (BAC) of 0.08% or more. A first DUI is usually a misdemeanor with probation, $390 to $1,000 in base fines, a DUI class and a 6-month license suspension, and many first-time defendants serve little or no jail.

• Penalties climb with each DUI within 10 years: a 2nd DUI brings at least 90 days in jail without probation (96 hours with probation) and a 2-year suspension.
• A DUI becomes a felony if someone is injured, if you have 3 or more priors in 10 years, or if you have a prior felony DUI. Starting January 1, 2027, a 3rd DUI within 10 years can also be charged as a felony.
• Every DUI arrest starts two cases: the criminal case in court and a separate DMV case. You have only 10 days to request a DMV hearing.
• Many DUI cases can be fought or reduced, for example by challenging the stop, the field sobriety tests or the breath or blood test.

In this article, our California DUI defense lawyers answer 12 common questions about California DUI laws and penalties:

• 1. What are the penalties for a DUI?
• 2. What changes in 2027?
• 3. What must the prosecutor prove?
• 4. 1st, 2nd, 3rd and 4th DUI penalties
• 5. When is a DUI a felony?
• 6. Probation, harsher sentences and jail alternatives
• 7. How can I fight a DUI charge?
• 8. What happens to my license?
• 9. What happens during a DUI stop?
• 10. Special DUI situations
• 11. Why hire a DUI lawyer?
• 12. Q&A: California DUI laws

1. What are the penalties for a DUI?

California DUI penalties depend mainly on how many DUI (or wet reckless) convictions you have in the last 10 years and whether anyone was hurt. Most adults arrested for DUI face two charges at once: Vehicle Code 23152(a) (driving under the influence) and Vehicle Code 23152(b) (driving with a BAC of 0.08% or more). Even if you are found guilty of both, they count as only one conviction.¹

The table below shows the main penalties for each type of DUI under current law.²

DUI offense	Jail or prison	Base fine	License	IID	DUI school
1st DUI (misdemeanor)	96 hours to 6 months; as little as 48 hours with probation, and often none	$390–$1,000	6-month suspension	Usually optional, up to 6 months	3 or 9 months
2nd DUI (misdemeanor)	90 days to 1 year; 96 hours to 1 year with probation	$390–$1,000	2-year suspension	12 months	18 or 30 months
3rd DUI (misdemeanor; can be a felony from Jan. 1, 2027)	120 days to 1 year	$390–$1,000	3-year revocation	24 months	30 months
4th DUI (wobbler)	180 days to 1 year in county jail, or 16 months, 2 or 3 years	$390–$1,000	4-year revocation	36 months	30 months
1st DUI causing injury (wobbler)	90 days to 1 year in county jail (5 days with probation), or 16 months, 2 or 3 years in prison, plus enhancements	$390–$1,000	1-year suspension	12 months	Required
DUI after a prior felony DUI (wobbler)	Up to 1 year in county jail, or 16 months, 2 or 3 years	$390–$1,000	4-year revocation	12–48 months, depending on priors	18 or 30 months

The base fine is only the start. Court penalty assessments and fees usually raise the total to several thousand dollars, and your car insurance rates will rise sharply.

Courts count prior DUI and wet reckless convictions from the past 10 years (the “lookback” or “washout” period), including out-of-state convictions that match a California DUI. Some counties are stricter than the minimums: in San Bernardino County, for example, a 2nd DUI usually means at least 45 days of jail or work release.

The chart below shows how long the law requires an ignition interlock device (IID) after a DUI conviction, with and without an injury.³

Required interlock months by offense. Source: California Vehicle Code 23575.3.

2. What changes in 2027?

Governor Newsom signed several DUI bills on September 25, 2026. Unless noted, they take effect January 1, 2027, and apply to offenses committed on or after that date:

• 3rd DUI can be a felony (AB 1546). A 3rd DUI within 10 years becomes a wobbler: the prosecutor can charge it as a misdemeanor or as a felony punishable by 16 months, 2 or 3 years. A 4th DUI stays a wobbler, but a DUI with 4 or more priors in 10 years becomes a straight felony.⁴
• Watson warning on reduced pleas (SB 907, “Braun’s Law”). The written warning that a future DUI death can be charged as murder (the “Watson advisement”) will also be given when you plead to a lesser offense, such as a wet reckless. The bill also raises hit-and-run penalties for drivers with a prior DUI.⁵
• 3 points for vehicular manslaughter (AB 1685). A vehicular manslaughter conviction will add 3 points to your DMV record instead of 2.⁶
• Longer license loss for repeat injury DUIs (AB 1687, “Irene’s Law”), from January 1, 2031. A DUI causing injury with 4 or more priors will bring a 72-month revocation followed by 72 months with an IID.⁷

If you were arrested before January 1, 2027, the old rules generally apply to your case. Talk to a lawyer about how these changes could affect a plea offer.

3. What must the prosecutor prove?

To convict you of DUI, the prosecutor must prove each element beyond a reasonable doubt. If even one element is missing, you should not be convicted.⁸

DUI under Vehicle Code 23152(a): driving under the influence

The prosecutor must prove that:⁹

1. You drove a vehicle. “Driving” means the car actually moved while you controlled it. Sitting in a parked car is not driving.
2. You were under the influence when you drove. You are “under the influence” if alcohol, drugs or both impaired your mental or physical abilities so much that you could no longer drive with the caution of a sober person.

In Mercer v. Department of Motor Vehicles, the California Supreme Court held that a DUI conviction requires proof that the vehicle actually moved under the driver’s control.¹⁰

DUI under Vehicle Code 23152(b): driving with a 0.08% BAC

The prosecutor must prove that:¹¹

1. You drove a vehicle.
2. Your BAC was 0.08% or more when you drove. If a test taken within 3 hours of driving shows 0.08% or more, the law presumes your BAC was at least 0.08% while driving, but you can rebut that presumption, for example with evidence of a rising blood alcohol level.

Lower limits apply to some drivers: 0.04% for commercial drivers and for rideshare drivers with a paying passenger, and 0.01% if you are under 21 or on DUI probation. It is also a crime to drive under the influence of drugs, including marijuana, prescription drugs and over-the-counter medicine, even if you were not drinking.

Each element is a chance to defend you. For example, if no one saw you drive, or the breath machine was not properly maintained, the prosecutor may not be able to prove the case (see section 7).

4. 1st, 2nd, 3rd and 4th DUI penalties

First DUI

A first-time DUI is a misdemeanor. Most judges grant 3 to 5 years of informal probation with these terms:¹²

• Jail: 96 hours to 6 months without probation. With probation, the minimum is 48 hours, and many judges suspend jail entirely if you complete the other terms.
• Fines: $390 to $1,000, plus assessments that can add up to thousands of dollars.
• DUI school: a 3-month or 9-month AB 541 program (9 months if your BAC was 0.20% or more or you refused testing). You can find approved programs in the state’s provider directory.
• License: a 6-month suspension. You can usually keep driving with an ignition interlock device (IID) or a restricted license.

Second DUI

A second DUI within 10 years is a misdemeanor:¹³

• Jail: 90 days to 1 year without probation. With probation, the minimum is 96 hours.
• Fines: $390 to $1,000, plus assessments.
• DUI school: an 18-month or 30-month SB 38 program.
• License: a 2-year suspension. You can usually drive again sooner with an IID for 12 months.

Third DUI

A third DUI within 10 years is a misdemeanor until the end of 2026:¹⁴

• Jail: 120 days to 1 year.
• Fines: $390 to $1,000, plus assessments.
• DUI school: a 30-month program.
• License: a 3-year revocation. You can drive again sooner with an IID for 24 months.
• Habitual traffic offender: you are designated a habitual traffic offender (HTO) for 3 years.

For offenses on or after January 1, 2027, a 3rd DUI within 10 years can be charged as a felony with 16 months, 2 or 3 years of incarceration (AB 1546, see section 2).⁴

Fourth DUI

A fourth DUI within 10 years is a wobbler, which means it can be charged as a misdemeanor or a felony:¹⁵

• Jail: 180 days to 1 year as a misdemeanor; 16 months, 2 or 3 years as a felony.
• Fines: $390 to $1,000, though total costs can exceed $10,000.
• DUI school: a 30-month program.
• License: a 4-year revocation. You can drive again sooner with an IID for 36 months.
• Habitual traffic offender: 3 years of HTO status.

5. When is a DUI a felony?

Most California DUIs are misdemeanors. A DUI can be charged as a felony if:

1. someone other than you was injured or killed,
2. you have 3 or more prior DUI or wet reckless convictions in the past 10 years (2 or more priors for offenses on or after January 1, 2027), or
3. you have a prior felony DUI.

DUI causing injury

A DUI causing injury (Vehicle Code 23153) is a wobbler. For a first offense, the penalties are:¹⁶

• Misdemeanor: 90 days to 1 year in county jail (as little as 5 days as a condition of probation), $390 to $1,000 in base fines, and a 1-year license suspension with a 12-month IID requirement to drive.
• Felony: 16 months, 2 or 3 years in state prison, plus extra time if anyone suffered great bodily injury (3 to 6 years) or for each additional injured person (1 year each, up to 3 years).
• With prior DUIs: penalties rise to as much as 2, 3 or 4 years in prison and fines up to $5,000.

Restitution to anyone injured is usually ordered, and you can also be sued in civil court. Civil cases use a lower standard of proof (“preponderance of the evidence”) than criminal cases (“beyond a reasonable doubt”), so you can win the criminal case and still lose a lawsuit.¹⁷

DUI causing death

If someone died, the charge depends on the facts:¹⁸

Charge	What the prosecutor must show	Penalties	Probation possible?
Vehicular manslaughter while intoxicated (Penal Code 191.5(b))	A fatal crash while impaired, with ordinary negligence	Misdemeanor: up to 1 year and $1,000. Felony: 16 months, 2 or 4 years and up to $10,000	Yes
Gross vehicular manslaughter while intoxicated (Penal Code 191.5(a))	A fatal crash while impaired, with gross negligence	Felony: 4, 6 or 10 years and up to $10,000	Yes
DUI murder (“Watson murder”) (Penal Code 187)	A fatal crash by a driver who knew the danger, usually shown by a prior Watson advisement	15 years to life	No

DUI after a prior felony DUI

If you have a prior felony DUI within the past 10 years (or ever, if the prior was gross vehicular manslaughter while intoxicated), a new DUI is a wobbler under Vehicle Code 23550.5. It is punishable by up to 1 year in county jail or by 16 months, 2 or 3 years, plus a fine of $390 to $1,000.¹⁹

6. Probation, harsher sentences and jail alternatives

Probation conditions

If you are granted probation in a California DUI case, the following conditions are always included:

• You cannot drive with any measurable amount of alcohol in your blood,
• You cannot refuse to submit to a chemical test (“evidentiary test”) of your blood, breath, or, in rare cases, urine, if you are arrested for a subsequent DUI, and
• You cannot commit any additional crimes.

Depending on your case, the following conditions may be imposed:

• Attendance in Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings,
• Participation in the Mothers Against Drunk Driving (MADD) Victim Impact Program, and/or
• Restitution to anyone injured if you caused an accident while driving under the influence.

Violating probation can result in your probation being revoked and you being remanded into custody to serve out your sentence.²⁰

What can make my sentence harsher?

There are “aggravating factors” that could cause your California DUI penalties to be harsher. Eight of the most common aggravating factors include:

1. Having a blood alcohol content (BAC) of .15% or higher (or less in some counties),
2. Refusing to submit to a chemical test, which carries an extra 1-year license suspension for a first refusal, 2 years for a second refusal, and 3 years for a third,
3. Causing an accident,
4. Driving at excessive speeds,
5. DUI with a child under the age of 14 in the car, which can also lead to an additional child endangerment charge,
6. Being under 21 at the time of your DUI, which carries a minimum 1-year license suspension,
7. Driving with an open container, and/or
8. Acting belligerently towards the officers.

Note that if you are a commercial driver, a first-time DUI will trigger a one-year CDL suspension. Any future DUIs carry a lifelong ban. These harsh penalties reflect the importance of commercial drivers being safe since they carry large loads, and any accident could be fatal.²¹

Alternatives to jail

Depending on your California DUI case, it may be possible to avoid all or some of your jail sentence through “alternative sentencing.” This may include:

• Caltrans roadside work,
• Community service,
• Electronic monitoring or house arrest,
• Residence in a sober living environment, and/or
• Incarceration in a private or city jail, such as the Hawthorne Jail.

Lawyers who do not specialize in drunk driving defense may not even know that these sentencing alternatives exist. If they do, they may not know the most effective ways to convince the prosecutor and/or judge to agree to them.

This is just one reason why it is so important to hire an experienced DUI lawyer to defend you.²²

7. How can I fight a DUI charge?

Common DUI defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with violating California DUI laws. In our experience, the top ten defenses and “mitigating factors” include:

1. The police lacked reasonable suspicion to pull you over in the first place.
2. The police gave you incorrect instructions for the field sobriety tests and/or scored you wrong.
3. The breath testing machine was defective.
4. The person who last calibrated the breath testing machine let their certification lapse.
5. The blood samples were contaminated.
6. The chain of custody for the blood sample was compromised during processing at the lab.
7. You had a medical episode that mimicked intoxication (such as a seizure).
8. You had a medical condition such as GERD that caused excess mouth alcohol.
9. The police lacked probable cause to arrest you.
10. Your high BAC result was due to rising blood alcohol, and your BAC was legal when you were actually driving.

Typical evidence in these cases includes eyewitnesses, expert forensic witnesses, split blood testing, accident reconstruction experts, and video surveillance.

Note that it is not a defense that you had no intention of driving drunk. This is because DUI is a “general intent” crime rather than a “specific intent” crime.²³

Reducing a DUI to wet or dry reckless

In many cases, we can convince prosecutors to reduce your California DUI charge down to one of the following reckless driving charges:

• Wet reckless – where your criminal record notes that drugs or alcohol were involved, or
• Dry reckless – where there is no mention of drugs or alcohol use on your criminal record.

Note that if you plead to a wet reckless and pick up a new DUI later on, the wet reckless would be considered an “aggravating factor” and increase your DUI penalties.²⁴

Starting January 1, 2027, if you plead to a wet reckless or another lesser offense in a DUI case, the court will also give you the Watson advisement (SB 907).⁵

8. What happens to my license?

The DMV case is separate from the criminal case

Each California DUI arrest triggers a criminal case and an entirely separate DMV case – called Administrative Per Se (APS).

The criminal case determines your guilt and potentially carries fines and jail. In contrast, the DMV case has a very narrow focus, which is whether you get to keep your license.

If you have a DMV hearing, only three issues are up for discussion:

1. Did the police officer have reasonable cause to believe you were operating a motor vehicle in violation of VC 23140, VC 23152, or VC 23153?
2. Were you operating a motor vehicle with a BAC of .08% or higher?
3. Did the police place you under lawful arrest or detain you while you were on DUI probation?

If you refused to take a chemical test, then only four issues are up for discussion:

1. Did the police officer have reasonable cause to believe you were operating a motor vehicle in violation of VC 23140, VC 23152, or VC 23153?
2. Did the police place you under lawful arrest or detain you while you were on DUI probation?
3. Did the police tell you that if you refused to take or complete a chemical test, your license would be suspended for one, two, or three years?
4. Did you refuse to take or complete a chemical test after the officer asked you to?

Since your criminal case is separate from the DMV case in California, you can win one and still lose the other. Even if your DUI charge gets reduced to reckless driving, the DMV can still suspend your driver’s license.

However, if you get acquitted of DUI in the criminal case after the DMV suspended your license, the DMV will lift the suspension.²⁵

Getting your license back

After your California driver’s license suspension has expired, you can apply for reinstatement at a local DMV office or online.

In addition to paying the applicable fees, you also have to purchase a Form SR-22 from your insurance company and maintain it for three years. A Form SR-22 serves as your “proof of financial responsibility” that you carry at least the minimum required auto insurance:

• $30,000 bodily injury liability per person,
• $60,000 bodily injury liability per accident, and
• $15,000 for property damage liability.

If your vehicle has fewer than four wheels – such as a motorcycle or moped – you would instead get Form SR-1P from your insurance company.

The driver’s license reissue fee is normally $125. Though if you were under 21 and prosecuted under California’s Zero Tolerance law, the reissue fee is $100.

Restricted Licenses

California has two basic types of restricted licenses that you can get following a DUI:

1. Ignition interlock device (IID) restricted licenses, which permit you to drive anywhere; and
2. Regular restricted licenses, which permit you to commute to limited locations such as work and school.

For detailed instructions on your restricted license options if your license gets suspended, refer to the official DMV information fliers:

• Driving after a first-time DUI with no injuries
• Driving after a first-time DUI with an injury
• Driving after a DUI of drugs
• Driving after a repeat DUI within 10 years

If you have a CDL (commercial driver’s license), you have to downgrade to a Class C noncommercial driver’s license as a condition of getting a restricted license. Though if you were not driving a commercial vehicle at the time of the DUI – and you pay a reissue fee of $125 – you can get a restricted license to drive for work after a 30-day suspension.

Note that you can apply for a restricted license without having a DMV hearing.²⁶

9. What happens during a DUI stop?

In California, DUI stops occur when police observe you driving erratically, show up to the scene of an accident, or stop you at a checkpoint. The encounter usually proceeds as follows:

1. The police study you for signs of intoxication, including bloodshot eyes, slurred speech, and the smell of alcohol or marijuana. They also observe whether you have trouble answering questions or taking out your license, insurance, and registration information.
2. You may then be asked to take a preliminary alcohol screening (PAS test), also called a roadside breathalyzer test. This is optional for you to do.
3. You may also be asked to perform three standardized field sobriety tests (FSTs), which include the horizontal gaze nystagmus, the walk and turn, and the one-leg stand. These are also optional for you to do.
4. If you fail the PAS and/or the FSTs, the police will likely believe they have “probable cause” to arrest you.

If there is a sober passenger in your car, the police may let them take your car following your arrest. Otherwise, your car could be impounded, which carries hefty daily storage fees.

The Breath or Blood Test

Once you are arrested for DUI in California, you are presumed to have given your “implied consent” to take an evidentiary breath test or blood test. Though if the officers suspect you of DUI of drugs, you have to take the blood test since the breath test detects only alcohol.

If you refuse to take a breath or blood test, the police officer will inform you that:

• They will get a warrant and physically restrain you to get a blood draw,
• Your refusal can be used as evidence against you in court, and
• If you get convicted of DUI, the refusal will trigger mandatory jail.

Your constitutional rights still apply. The U.S. Supreme Court has held that police may require a breath test after a DUI arrest without a warrant, but generally need a warrant for a blood test.²⁷ There is an exception for some unconscious drivers, and if police drew your blood without a warrant or valid consent, we may be able to get the result thrown out.²⁸

Refusing a breath or blood test also triggers a license suspension. As the following table shows, the length of the suspension turns on whether you have any prior DUIs in the last 10 years.

Number of DUIs in the Last 10 Years	Driver’s License Suspension for Refusing the Chemical Test
No DUIs	1 year
1 DUI	2 years
2 or more DUIs	3 years

These same suspension periods apply if you are under 21 and refuse to take a PAS test.

Note that you can take a urine test instead of a blood test if you have hemophilia or are on anticoagulant medication for a coronary condition. Also, in the event no breath- or blood tests are available, you would have to take a urine test.

Confiscation of Your License

After a California DUI arrest, the officer will take your license and give you a “notice of suspension or revocation” form notifying you that you have only 10 days to request a DMV hearing. The officer will also give you a temporary license valid for 30 days; though if you request a DMV hearing in time, the temporary license remains valid pending the hearing results.

Meanwhile, the officer sends the DMV a copy of your “notice of suspension or revocation” form – as well as your license and a sworn police report – for them to investigate your case.

There is a chance that the DMV’s initial review of your case will show that there is no basis to suspend your license, at which point they will notify you in writing that your case is set aside and that you can reclaim your license at a DMV field office. Though in most cases, the DMV will find that there was sufficient evidence that you were driving under the influence and should have your license suspended.

Since your driving privileges are a type of property right, federal and state due process requires that you have the opportunity to attend a DMV hearing to contest your license suspension. If you waive your right to a hearing or end up losing the hearing, the DMV will impose the suspension.²⁹

10. Special DUI situations

Sleeping in your car

In California, if you are found asleep in the driver’s seat with the car on, police will certainly arrest you for DUI if they believe:

• You are under the influence or
• Have an illegal BAC.

If you are found asleep in the driver’s seat with the car off – or you are found asleep in the backseat with the car on – some police will arrest you on the theory that you were still “operating the vehicle.”

If you are found asleep in the backseat with the car off, you have the best chances of escaping DUI charges. That is, unless there is evidence you were driving drunk prior to parking and that you fell asleep to “sober up.”³⁰

Because a DUI requires proof that the car moved under your control, the key question in these cases is what evidence shows you actually drove (see section 3).¹⁰

A new DUI while on DUI probation

If you get arrested in California for a new DUI while still on probation for a prior one, the criminal court judge may revoke your probation and remand you to jail to serve out your suspended jail sentence. However you are entitled to a probation revocation hearing where you can argue that you:

• Deserve a second chance or
• Did not commit another DUI.

Meanwhile, the California DMV will suspend your license if you commit a DUI while on probation for a prior DUI. The following table shows how long the suspension will last.

Probation Violation	Driver’s License of Suspension by the DMV
Your BAC is at least .01% according to a PAS or chemical test	1 year
You refused to take a PAS or chemical test	2 years
You refused a PAS or chemical test, plus you have two or more prior DUI convictions	3 years

If you committed more than one of the above violations, the suspensions will run concurrently (not one after the other).³¹

Uber and Lyft drivers

If you are a ride-sharing driver in California, you can be convicted of DUI for driving with a BAC of only .04% or higher whenever you are transporting a passenger. It does not matter if you are being safe and feel unimpaired.

If there is no “passenger for hire” in your car, then the standard .08% BAC limit applies.³²

Underage DUI

If you are under 21 and caught driving with a BAC of .08% or higher, you face the same DUI charges adults do. If your BAC is lower, you still face consequences to reflect California’s zero tolerance policy for underage drinking and driving.

For instance, if a PAS test shows that your BAC was at least .01% while you are driving, it is a civil offense. The DMV would suspend your license for one year.

However, if your PAS shows a BAC of at least .05%, you must take an evidentiary breath or blood test to confirm the result. If your BAC is under .08%, you could then be charged with underage DUI. This is an infraction, and the penalties for a first offense are:

• A 1-year suspension of your driver’s license,
• A $100 fine, and
• If you are at least 18, a mandatory alcohol education program of 3 months or longer.

Note that refusing to take the breath or blood test carries a one year license suspension. If you have a prior conviction for refusing or for a DUI or wet reckless, your license could be revoked for two years.

In the event you do not have a license yet, then your ability to obtain a license will be delayed by the length of the suspension period.³³

Bicycles, e-scooters and boats

Motorized or Electric Bikes

In California, the same DUI laws that govern cars and motorcycles also apply to most motorized or electric bikes. Therefore, drunk e-biking is punished the same as drunk driving an automobile.

Pedal Bikes

For non-motorized/non-electric bikes, drunk biking in California is a misdemeanor carrying up to $250 in fines and no jail. You do not have to consent to a breath or blood test, and it is not per se illegal to bike with a BAC of .08% or higher.

Cycling under the influence will not cause your driver’s license to get suspended unless you are under 21 years old. Bikers aged 13 to 20 face a year-long suspension of their driver’s license (or a year-long delay to get their driver’s license).

Motorized Scooters

Riding an e-scooter under the influence of alcohol or drugs is a California misdemeanor carrying up to $250 in fines. There is no jail or driver’s license suspension.

As with pedal bikes, you do not have to consent to a breath or blood test when riding an e-scooter. It is also not per se illegal to e-scoot with a BAC of .08%.

Boats

It is a California crime to boat under the influence of alcohol or drugs or with a BAC of .08% or higher. As a misdemeanor, “BUI” carries up to $1,000 in fines and/or six months in jail. It should not affect your driver’s license.

This law also applies to other water vessels such as jet skis, water skis, and aquaplanes.³⁴

Open containers of alcohol or marijuana

In California, it is typically an infraction to drive with an open container of alcohol (carrying a $250 fine) or marijuana (carrying a $100 fine). Any open containers should be in the trunk or where no passengers are sitting. Your glove box does not count.

If you are under 21, you may not drive or be a passenger in a car with any alcohol – even if it is sealed – unless there is an adult. The only other exception is that you are carrying out your duties working for someone with an off-site liquor license, and the beverages are closed.

Driving with alcohol while underage is a misdemeanor carrying up to six months in jail and/or $1,000 in fines. Your car could also be impounded for 30 days, and your license may be suspended for one year.³⁵

11. Why hire a DUI lawyer?

Hiring an experienced DUI attorney to represent you in criminal court and at your DMV hearing is invaluable in helping you avoid the harsh consequences of violating California DUI laws. An attorney may be able to save your license while getting your charges reduced or dismissed so your record remains clear.

The long-term fallout of having a DUI extends far beyond any criminal penalties. It could keep you from getting

• work,
• housing,
• loans,
• acceptance to a college,
• financial aid, or
• a professional license.

In some circumstances, a DUI can even cause immigrants to be deported – especially if there were drugs involved or child passengers.

Furthermore, a DUI remains on your driving record for a decade. Plus it puts two points on your license: That means your driving privileges will get suspended if you pick up only two more points in one year.

Your best hope of avoiding California DUI penalties is to have a skilled attorney in your corner. Also, prosecutors are much more likely to offer favorable plea deals when you have private counsel fighting for the best resolution possible in your case.³⁶

12. Q&A: California DUI laws

Here are answers to the questions people search for most about DUI in California.

What are the penalties for a first DUI in California?

A first DUI is usually a misdemeanor with 3 to 5 years of informal probation, $390 to $1,000 in base fines plus assessments, a 3- or 9-month DUI program and a 6-month license suspension. Jail can range from 48 hours to 6 months, but many first-time defendants serve none.

Will I go to jail for a DUI in California?

Not necessarily for a first DUI, since judges often suspend jail for people who complete probation. A 2nd DUI carries at least 96 hours with probation (90 days without), and a 3rd carries at least 120 days, though alternatives such as work release or electronic monitoring may be available.

Is a DUI a felony in California?

Most DUIs are misdemeanors. A DUI can be a felony if someone was injured or killed, if you have 3 or more DUI priors in 10 years (2 or more starting January 1, 2027), or if you have a prior felony DUI.

Can I still drive after a DUI in California?

Usually, yes. After a first DUI, most people can keep driving by installing an ignition interlock device or getting a restricted license, and you must request a DMV hearing within 10 days of arrest to keep your temporary license.

How much does a DUI cost in California?

The base fine is $390 to $1,000, but penalty assessments, DUI school, the interlock, license fees and higher insurance usually bring the total to many thousands of dollars.

How long does a DUI stay on my record?

A DUI stays on your DMV driving record for 10 years and counts as a prior for any new DUI during that time. You may be able to get the court conviction dismissed (expunged) after completing probation, but it still counts as a prior.

If you or a loved one was arrested for DUI in California, our California DUI defense lawyers can review the stop, the tests and the DMV case with you. Call us or contact us online for a free consultation.

Additional resources

For more information, refer to the following:

1. Alcoholics Anonymous – 12-step program for overcoming alcoholism.
2. Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
3. Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
4. Driving Under the Influence (DUI) – California DMV page on driver license suspension for DUIs.
5. MADD – Non-profit organization devoted to stopping drunk driving.

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Legal references: