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The moment an officer hands you a pink temporary license at the arrest scene, a clock starts. Under Cal. Veh. Code § 13353.2, the California DMV has authority to suspend your driving privileges through an Administrative Per Se (APS) action based on the arrest alone, before any court verdict. You have exactly 10 calendar days from the date you received that suspension notice to contact the DMV and request a hearing. Miss that window, and the suspension becomes automatic.
No one tells you this clearly enough at the roadside. The arresting officer is not your advocate. That is why calling a California DUI attorney within hours of your arrest is not an overreaction; it is the only rational move.
ALL Trial Lawyers handles DUI defense across Orange, Los Angeles, Riverside, San Bernardino, and San Diego counties. Our DUI practice is led by Daniel P. Flores, NHTSA Standardized Field Sobriety Test (SFST) certified and a member of the California DUI Lawyers Association, with more than 2,500 DUI defenses to his record. Call us now for a free, confidential consultation.
A DUI charge in California is not a traffic infraction. It is a criminal matter that runs on two separate tracks simultaneously: the criminal court case and the DMV administrative proceeding. A skilled DUI defense lawyer California clients trust is one who knows how to fight on both fronts from day one.
The criminal track affects your liberty, your record, and your future employment. The DMV track affects your ability to drive to work today. Both can move quickly, and both require experienced legal strategy. An attorney who treats a DUI as a routine plea overlooks the leverage that aggressive defense work creates: suppressed evidence, dismissed charges, reduced charges, and hearings won.
Our DUI practice lead, Daniel P. Flores, holds NHTSA SFST certification, which means he understands field sobriety testing from the inside. He knows how those tests are supposed to be administered, and more importantly, how they are often administered incorrectly. That technical knowledge drives real results at hearings and trials.
The firm is led by Mohammad “Mo” Abuershaid, a former Orange County Public Defender with firsthand knowledge of how prosecutors and courts approach these cases. That insider perspective, combined with our team’s 75+ trials and 10,000+ cases handled, gives clients the representation they need when the stakes are highest.
Understanding the full scope of DUI penalties California law imposes is essential before deciding how to respond to a charge. For a broader overview of our criminal defense practice, visit our criminal defense attorney hub.
California DUI law is built around several interlocking statutes that a prosecutor may use independently or in combination. Understanding what you are actually charged with is the first step to defending it.
Cal. Veh. Code § 23152(a) prohibits driving under the influence of alcohol. This is a subjective standard: whether your mental or physical abilities were impaired to such a degree that you could not drive with the caution of a sober person. A prosecutor can pursue this charge even if your blood alcohol content (BAC) tested below 0.08%.
Cal. Veh. Code § 23152(b) is the “per se” DUI: driving with a BAC of 0.08% or greater. This is an objective standard based entirely on the chemical test result. In most arrests, prosecutors charge both (a) and (b) simultaneously, though you can only be punished for one.
Cal. Veh. Code § 23152(d) applies to commercial drivers operating a commercial motor vehicle with a BAC of 0.04% or greater. The lower threshold reflects the elevated public safety obligations placed on holders of a commercial driver’s license (CDL).
Cal. Veh. Code § 23152(f) addresses DUI of drugs (DUID), including prescription medications, marijuana, and controlled substances. There is no legal BAC equivalent for drugs; the standard is whether the drug impaired your ability to drive safely. Because this statute overlaps significantly with drug possession and distribution offenses, it often connects to broader drug crimes defense strategy.
Cal. Veh. Code § 23153 elevates a DUI to a “wobbler” when another person is injured as a result. A wobbler can be charged as either a misdemeanor or a felony depending on the severity of injuries and your prior record. Felony DUI with injury carries state prison exposure and the possibility of a strike under California’s Three Strikes law.
Cal. Veh. Code § 23136 establishes California’s zero-tolerance law for drivers under 21: any detectable BAC of 0.01% or higher triggers a one-year license suspension. This is a civil per se action, not a criminal conviction, but it has real and immediate consequences for a young driver.
Cal. Veh. Code § 23140 creates a separate infraction for underage drivers found with a BAC between 0.05% and 0.07%. Unlike the zero-tolerance civil action, § 23140 is a criminal infraction requiring a BAC between those thresholds.
By driving on California roads, you have given implied consent to chemical testing. Cal. Veh. Code § 13353 governs the consequences of refusing a lawfully requested blood or breath test after a DUI arrest: a one-year license revocation for a first refusal, two years for a second, and three years for a third. Refusal also eliminates your ability to obtain a restricted license during the suspension period, and prosecutors typically use refusal as evidence of consciousness of guilt at trial.
This is the statute that triggers the 10-day clock. Under Cal. Veh. Code § 13353.2, the DMV is authorized to suspend your license based on the arrest alone: either because you tested at 0.08% BAC or above, refused testing, or (for commercial drivers) tested at 0.04% or above. The APS process is entirely civil and completely independent of your criminal case. You can be acquitted in court and still lose your license administratively if you missed the hearing request deadline or failed to present a winning defense at the DMV hearing.
Any person convicted of a DUI in California is given a Watson advisement at sentencing, based on the California Supreme Court’s ruling in People v. Watson, 30 Cal.3d 290 (1981). The advisement informs the defendant that driving under the influence is dangerous to human life and that a future DUI causing death could be charged as second-degree murder under Cal. Penal Code § 187. If you have a prior DUI conviction with a Watson advisement on your record and you are later involved in a fatal DUI accident, you face murder charges, not just DUI. This makes resolving every DUI charge thoughtfully, rather than with a quick plea, a matter of long-term consequence.
A “wet reckless” is a reduced charge under Cal. Veh. Code § 23103 as charged pursuant to § 23103.5, which requires the prosecutor to note that alcohol or drugs were involved in a reckless driving resolution. A wet reckless carries lighter penalties than a DUI conviction, does not count as a “priorable” DUI offense in the same way under certain circumstances, and may carry less stigma for employment and licensing purposes. Whether a wet reckless is an appropriate resolution depends entirely on the facts of the case and the quality of the defense strategy developed before any plea discussions occur.
California DUI penalties and first offense DUI California consequences escalate sharply with each offense within a 10-year lookback period. These are not mere fines: they include county jail exposure, license suspension, mandatory education programs, probation, and the installation of an ignition interlock device (IID). The total financial cost, once you account for fine penalty assessments (which can multiply the base fine by three to five times), DUI school fees, insurance increases, and IID costs, routinely reaches $10,000 or more for a first offense.
A fourth DUI within 10 years is charged as a felony. So is any DUI that causes injury (Veh. Code § 23153) when the injury is serious or when priors exist, as well as any DUI that results in death. Felony DUI exposure includes state prison time, a potential strike, permanent CDL disqualification, and license revocation for four years or more.
Beyond the courtroom and the DMV, a DUI conviction generates consequences that follow you:
California DUI charges can be fought. Evidence can be challenged. Suspensions can be contested. Call us now, before the 10-day deadline passes.
Every DUI case rests on evidence, and evidence can be challenged. The defenses available in a California DUI case range from constitutional attacks on the stop itself to highly technical scientific challenges to the chemical testing process. Our DUI defense attorney team, led by NHTSA SFST-certified Daniel P. Flores, investigates every angle.
The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. A traffic stop must be supported by reasonable articulable suspicion of a traffic violation or criminal activity. A DUI arrest must be supported by probable cause. If an officer stopped your vehicle without legal justification, everything gathered after that stop, including your field sobriety test results, breath test reading, and statements, may be suppressible. A successful suppression motion can result in dismissal of all charges.
The three standardized field sobriety tests approved by NHTSA (Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg-Stand) have known reliability limitations even when performed correctly. Research cited in NHTSA’s own training materials shows that HGN is approximately 77% accurate, the Walk-and-Turn approximately 68% accurate, and the One-Leg-Stand approximately 65% accurate under ideal conditions. These tests are not perfect, and conditions on the roadside are almost never ideal. Uneven pavement, headlights, footwear, pre-existing medical conditions, anxiety, and inadequate officer instructions all affect performance. Because Daniel Flores holds NHTSA SFST certification, he knows precisely what a properly administered test requires and can identify deviations that undermine the prosecution’s case.
Title 17 of the California Code of Regulations governs how DUI breath, blood, and urine samples must be collected, stored, and analyzed. For breath tests, Title 17 requires a continuous 15-minute observation period before testing to ensure the subject has not ingested anything, regurgitated, vomited, or smoked; that the breath sample captures deep alveolar (lung) air; that two separate samples are taken; and that the testing device is properly calibrated and maintained. A failure to comply with any of these requirements provides grounds to challenge the admissibility of the BAC result. If the result is suppressed, the per se charge under Veh. Code § 23152(b) collapses.
Alcohol continues to be absorbed into the bloodstream for 30 minutes to two hours after the last drink. If you stopped drinking relatively recently before driving, your BAC at the time of testing (which may occur 30 to 90 minutes after the stop) may have been meaningfully higher than your BAC at the time you were actually driving. If the evidence supports it, a rising BAC defense argues that your BAC was below the legal limit while you were behind the wheel, even if it exceeded 0.08% by the time law enforcement tested you.
Several medical conditions can produce symptoms that mimic alcohol or drug impairment. Diabetes and hypoglycemia can produce ketones that generate a false alcohol reading on a breath test and cause confusion or unsteady gait. GERD (acid reflux) and other gastrointestinal conditions can cause mouth alcohol, which artificially elevates breath test readings. Neurological conditions, inner ear disorders, and prescription medications can affect coordination and balance on field sobriety tests. A defense built around a client’s medical history can be powerful when the science supports it.
Defense attorneys are entitled to subpoena officer training records to verify current SFST certification and breath testing operator certification. We are also entitled to maintenance and calibration records for the specific Breathalyzer device used. Expired certifications, missed calibration intervals, and anomalous machine logs are all potentially case-altering discoveries that only a thorough defense investigation will uncover.
When a blood draw is used for BAC testing, the prosecution must demonstrate an unbroken chain of custody: who drew the blood, how it was labeled, where it was stored, how it was transported, who tested it, and what controls were used in the laboratory analysis. A gap in the chain creates reasonable doubt about whether the sample tested actually belonged to the defendant or whether it was contaminated or compromised. We routinely request the lab documentation, analyst credentials, and instrument quality control logs to evaluate chain of custody integrity.
Driving after taking a lawfully prescribed medication does not automatically constitute a DUI. Under Veh. Code § 23152(f), the question is whether the drug impaired your ability to drive safely. A defense can include evidence that the medication was taken as prescribed, that your tolerance was established, or that the officer’s observations were attributable to fatigue or a medical condition rather than impairment. These cases overlap frequently with broader drug defense strategy; our drug crimes defense team can assist when prescription medication is central to the facts.
After a DUI arrest, the officer confiscates your California driver’s license (if you have one) and issues a pink DS-367 form, which serves as your temporary license for 30 days. That form also contains the DMV notice of suspension. The 10-day clock to request your APS hearing begins when you receive this document.
Call the DMV Driver Safety Office serving your county within 10 days. Request an APS hearing and ask for a stay of the suspension. When you request the hearing in time, the DMV places a hold on the suspension while the hearing is pending, allowing you to continue driving on the pink temporary license. Your attorney can handle this on your behalf. The DMV hearing is your opportunity to challenge the legal basis for the suspension: whether the stop was lawful, whether you were properly advised of your chemical test rights, and whether the test result was above the applicable limit.
Your first court appearance is the arraignment, typically within a few days to a few weeks of arrest. You will be formally advised of the charges and enter a plea. In most cases, your attorney enters a “not guilty” plea to preserve all negotiating options. An attorney can often appear on your behalf for a misdemeanor arraignment.
Your attorney requests all evidence from the prosecutor: the police report, dashcam and bodycam footage, the breath or blood test results, Title 17 maintenance records, the arresting officer’s training records, and witness statements. This investigation period is critical. The defense strategy is built on what the evidence actually shows, not on assumptions.
If the evidence supports it, your attorney files pre-trial motions: a motion to suppress evidence from an unlawful stop, a motion to suppress chemical test results due to Title 17 violations, or a motion challenging the reliability of field sobriety evidence. A successful suppression motion can end the case before trial.
Armed with the evidence and the results of any pre-trial motions, your attorney negotiates with the prosecutor. The goal may be dismissal, a reduced charge such as a wet reckless under Veh. Code § 23103 per § 23103.5, or a plea to a lesser offense. If no acceptable resolution is available, the case proceeds to trial. With 75+ trials handled by the ALL Trial Lawyers team, we are fully prepared to take a DUI to a jury.
If there is a conviction or plea, sentencing follows. Your attorney advocates for probation in lieu of jail time, the shortest DUI school program consistent with the court’s requirements, and any available alternatives to incarceration. Separately, the DMV proceeding reaches a final resolution: either the suspension is set aside or it goes into effect according to the applicable statutory period.
After serving any suspension period or installing an IID, you work toward full license reinstatement. This includes filing an SR-22 with the DMV, completing the required DUI education program, paying any reissuance fees, and meeting all other DMV conditions.
A DUI conviction does not have to follow you forever. Under Cal. Penal Code § 1203.4, persons who successfully complete probation on a misdemeanor DUI conviction may petition the court to dismiss the conviction (commonly called an expungement). This relief is not automatic and does not seal the record, but it is meaningful for employment and licensing purposes. Our expungement attorneys handle post-conviction relief petitions for DUI clients once probation is complete.
This is the most common and most damaging mistake. If you do not call the DMV Driver Safety Office within 10 calendar days of receiving your suspension notice and request an APS hearing, your license is automatically suspended on day 31 after arrest. You lose the right to contest the suspension and you lose the stay that keeps you driving while the hearing is pending. There are very limited grounds to request a late hearing (hospitalization, failure to receive the DS-367 notice), and the DMV grants those exceptions sparingly.
You have the right to remain silent. Statements made at the scene or during booking often become the most damaging evidence at trial. Admitting that you “had a couple of drinks” or describing your last meal and when you stopped drinking gives prosecutors a detailed timeline that supports their case. You are required to provide your name, license, and registration. Beyond that, politely declining to answer questions until you have spoken with an attorney is always the right choice.
Many people charged with a DUI assume the BAC number on the test report settles the matter and plead guilty without any investigation. Chemical tests can be challenged. Stops can be challenged. Officers make procedural errors. A plea entered before discovery is reviewed, before suppression motions are evaluated, and before defense options are explored is a plea made from ignorance rather than informed choice.
Non-citizens who resolve a DUI without consulting an immigration attorney alongside their criminal defense counsel may inadvertently trigger adverse immigration consequences. Some DUI convictions, particularly those involving drugs under Veh. Code § 23152(f), may be treated as drug-related offenses by immigration authorities. Get both opinions before accepting any plea.
Social media posts made after a DUI arrest, particularly those describing what you were doing that evening, your condition, or your opinions about the arrest, can be and routinely are used as evidence against you. Say nothing publicly.
Evidence in DUI cases is time-sensitive. Surveillance footage from nearby businesses is often overwritten within days. Witness memories fade. Officer notes taken contemporaneously with the arrest reflect the most accurate record of what the officer observed. Acting quickly allows your attorney to preserve evidence, find favorable witnesses, and begin building your defense before the prosecution has a head start.
If you were arrested for DUI in California and you are reading this page, here is your immediate action list:
All Trial Lawyers is the d/b/a of Abuershaid Law, APC. Our DUI defense practice is built on a combination of verified credentials, technical expertise, and an unconditional commitment to showing up for clients.
Daniel P. Flores leads our DUI practice with more than 2,500 DUI defenses, NHTSA SFST certification, and California DUI Lawyers Association membership. He brings technical credentialing that most defense attorneys simply do not have. When he challenges a breath test result or cross-examines an officer on SFST administration, he speaks from formal training in the same protocols the officer used.
The firm is founded and led by Mohammad “Mo” Abuershaid, a former Orange County Public Defender, Super Lawyers Rising Stars honoree for seven consecutive years (2021-2026), and holder of an Avvo Rating of 10.0. His background inside the public defender’s office means he understands the entire system, from how prosecutors build DUI cases to what the courts in each county expect from defense counsel.
Our firm’s verified record includes 10,000+ cases handled, 75+ trials, 150+ preliminary hearings, and 50+ years of combined attorney experience. We maintain 15 Southern California offices and serve clients in Orange, Los Angeles, Riverside, San Bernardino, and San Diego counties.
We offer free, confidential consultations and serve clients in English, Spanish (Hablamos Español), and Arabic.
Under Cal. Veh. Code § 13353.2, California’s Administrative Per Se (APS) process authorizes the DMV to suspend your driver’s license based solely on your DUI arrest, before any court conviction. When you are arrested and provided the DS-367 pink temporary license, you have 10 calendar days from that date to contact the DMV and request an APS hearing to challenge the suspension. If you request the hearing in time, the DMV issues a stay, allowing you to continue driving while the hearing is pending. If you miss the 10-day window, the suspension takes effect automatically on day 31 after arrest. There are very narrow exceptions for circumstances like hospitalization, but they are rarely granted. Contact an attorney the day of your arrest if possible.
California law counts DUI priors within a 10-year lookback period. A first DUI offense is typically a misdemeanor, carrying up to 6 months in county jail, a $390-$1,000 fine plus penalty assessments, 3-5 years of informal probation, DUI school (3 to 9 months depending on BAC), and a 6-month DMV license suspension. A second DUI within 10 years carries a mandatory minimum of 96 hours in jail (up to 1 year), an 18- or 30-month DUI school, and a 2-year license suspension. The second offense also triggers a mandatory ignition interlock device requirement of 12 months. Both offenses involve the same underlying statutes under Veh. Code §§ 23152 and 23540, but the penalties escalate significantly with the prior on your record.
A “wet reckless” is a reduction of a DUI charge to reckless driving under Cal. Veh. Code § 23103, charged pursuant to § 23103.5, with a notation that alcohol or drugs were involved. It carries lighter penalties than a DUI conviction: typically a smaller fine, shorter or no DUI school, and no mandatory license suspension from the criminal court. For employment and licensing purposes, a wet reckless is generally less stigmatizing than a DUI conviction. However, if you are subsequently arrested for DUI within 10 years, the wet reckless counts as a prior DUI for purposes of penalty enhancement. Whether a wet reckless is the right outcome depends on the strength of your full defense, not just whether the prosecutor offers it.
Refusing a lawfully requested blood or breath test after a DUI arrest triggers automatic consequences under Cal. Veh. Code § 13353 (implied consent law). For a first refusal, the DMV imposes a one-year license revocation. For a second refusal within 10 years, it is two years. For a third refusal, it is three years. Unlike a BAC-based suspension, a refusal suspension does not allow for a restricted license or IID option during the revocation period. Additionally, prosecutors will use the refusal as evidence of consciousness of guilt at trial, arguing that you refused because you knew you were impaired. Refusal may seem advantageous in the moment but typically makes both the DMV and criminal cases harder to defend.
Commercial drivers face substantially higher stakes. Cal. Veh. Code § 23152(d) sets a BAC threshold of 0.04% for commercial vehicle operation. A first DUI conviction, even if it occurs in a personal vehicle at the standard 0.08% threshold, results in a mandatory one-year CDL disqualification under federal FMCSA regulations and California law. A second DUI offense results in lifetime CDL disqualification, effectively ending a commercial driving career. The disqualification applies regardless of whether the offense occurred in a commercial or personal vehicle. Given these career-altering stakes, commercial drivers should retain a DUI defense lawyer California professionals trust before any court dates are set.
Yes. Non-citizens charged with DUI in California face potential immigration consequences that vary based on the specific charge, any drug involvement, and the individual’s immigration status. A DUI involving drugs under Veh. Code § 23152(f) may be treated as a drug-related offense by immigration authorities, which carries more serious immigration consequences than an alcohol-only DUI. Multiple DUI convictions, DUI causing injury under § 23153, or a DUI that rises to a felony can trigger removal proceedings or bar a path to naturalization or permanent residency. Non-citizens should work with a criminal defense attorney experienced in immigration consequences, not just a general criminal practitioner.
Yes, in most circumstances, if you acted quickly. When you request a DMV APS hearing within the 10-day window, the DMV issues a stay of the suspension, and your pink DS-367 form continues to serve as your temporary license while the hearing is pending. The APS hearing is typically scheduled 30 to 60 days from the request date. If you win the DMV hearing, the suspension is set aside entirely. If you lose, the suspension begins at that point. If you missed the 10-day deadline, the suspension begins automatically on day 31 after arrest and driving on a suspended license is a separate criminal offense.
An ignition interlock device is a breathalyzer installed in your vehicle’s ignition system. You must provide a clean breath sample before the engine will start. Under California’s Statewide IID Pilot Program (expanded through December 31, 2032), most DUI offenders are required to install an IID for periods ranging from 6 months to 36 months, depending on prior convictions and whether the offense involved injury. First-time offenders with non-injury alcohol DUI may be ordered to install an IID for up to 6 months at the court’s discretion, or may elect the IID restriction to regain driving privileges sooner. Second-time offenders face 12 months mandatory; third offenses require 24 months; fourth or subsequent offenses require 36 months. The IID costs approximately $70-$150 to install and $60-$80 per month for monitoring and calibration.
The total cost of a California DUI typically far exceeds the base fine. A first-offense conviction might involve: base fine of $390-$1,000; penalty assessments that multiply the fine (total court-imposed financial obligation often $1,500-$3,000+); DUI school ($500-$1,500 depending on program length); DMV reissuance fees ($125+); IID installation and monitoring ($500-$800 per year); SR-22 insurance surcharge (hundreds to thousands of dollars per year for 3 years); and attorney fees. When you factor in insurance premium increases and potential employment consequences, the total 3-year cost of a first DUI frequently exceeds $10,000. Investing in a skilled DUI lawyer early in the process is often the most cost-effective decision you can make.
California DUI school (also called an alcohol education program) is a licensed treatment and education program that all DUI convicts are required to complete as a condition of probation and license reinstatement. The length of the program depends on your BAC and prior history. A first offender with a BAC under 0.15% typically completes a 3-month (30-hour) program. A BAC of 0.15%-0.19% may require a 6-month program. A BAC of 0.20% or higher typically requires a 9-month program. Second offenses require an 18- or 30-month program. The DMV will not reinstate your license until you provide proof of enrollment or completion, and courts treat failure to complete DUI school as a probation violation.
Yes, in most cases. Under Cal. Penal Code § 1203.4, a person convicted of a misdemeanor DUI who successfully completes all terms of probation (including DUI school, fines, and any other conditions) may petition the court to dismiss the conviction. This process, commonly called expungement, does not destroy the record but allows you to legally state that you were not convicted of the offense in most employment applications. The expungement does not restore gun rights, prevent the prior from counting in future DUI sentencing, or eliminate DMV record consequences. Our expungement attorneys can evaluate your eligibility and file the petition once your probation is successfully completed.
At sentencing for any California DUI conviction, the court issues a Watson advisement based on People v. Watson, 30 Cal.3d 290 (1981). This advisement states that driving under the influence of alcohol or drugs is inherently dangerous to human life and that if you drive under the influence in the future and someone is killed, you can be charged with second-degree murder under Cal. Penal Code § 187. The advisement is typically read in open court and/or incorporated into your plea paperwork. If you subsequently drive drunk and cause a fatal accident, the prosecution will use the prior Watson advisement to prove “implied malice,” one of the elements needed for a murder charge. This is why the manner in which a DUI is resolved, not just the immediate penalties, has long-term life consequences.
Cal. Veh. Code § 23153 applies when a DUI driver causes bodily injury to any person other than themselves. It is a “wobbler,” meaning the prosecutor can charge it as either a misdemeanor or a felony. Factors that push it toward felony treatment include the severity of injuries, the number of injured victims, and the defendant’s prior criminal history. A felony DUI with injury conviction carries state prison exposure (16 months, 2 years, or 3 years for the base charge, with additional consecutive years for each additional injured victim), a 1- to 3-year license suspension, mandatory DUI education, and potential strike consequences. Misdemeanor DUI with injury carries up to 1 year in county jail and similar ancillary penalties. Any allegation under § 23153 demands immediate, aggressive defense representation.
DUI of prescription drugs is charged under Cal. Veh. Code § 23152(f), which prohibits driving under the influence of any drug regardless of whether it was legally prescribed. The key question is not whether your prescription was valid, but whether the drug impaired your ability to drive safely. Because there is no per se BAC equivalent for drugs, these cases involve more subjective evidence: officer observations, drug recognition evaluations (DRE), and toxicology reports. Defense strategies often focus on the officer’s training qualifications for DRE assessments, the pharmacology of the specific drug, the dosage and timing relative to driving, and whether symptoms the officer observed had an alternative medical explanation. These cases connect closely with our drug crimes defense practice.
California has two separate provisions for underage drivers. Cal. Veh. Code § 23136 is the zero-tolerance law: any driver under 21 with a BAC of 0.01% or greater (essentially any detectable alcohol) faces a one-year license suspension through a civil per se process. This is administrative only and does not result in a criminal conviction. Cal. Veh. Code § 23140 creates a criminal infraction for drivers under 21 with a BAC of 0.05% to 0.07%. Underage drivers who reach the standard 0.08% threshold face the same misdemeanor DUI charges under § 23152 as adult drivers, with the same criminal consequences. The zero-tolerance civil suspension and any criminal charge can run simultaneously, making the combined consequences especially severe for young drivers.
If you are a licensed driver from another state and are arrested for DUI in California, the California DMV cannot directly suspend your out-of-state license (that is governed by your home state), but it will report the arrest and any conviction to your home state’s DMV through the Driver License Compact (which most states participate in). Your home state will then apply its own laws, which may include suspension or revocation of your license. California may also impose a privilege suspension, meaning you cannot legally drive in California during the suspension period. The criminal case in California proceeds normally regardless of where your license was issued. You still have the 10-day right to request a California DMV APS hearing.
An SR-22 is not an insurance policy; it is a certificate of financial responsibility filed by your auto insurance company with the California DMV to verify that you carry at minimum the state-required liability coverage. After a DUI conviction or a DUI-related license suspension, the DMV requires that you maintain an SR-22 on file for three years as a condition of license reinstatement. If the SR-22 lapses during that period because you cancel your policy or change insurers without notifying the DMV, your license will be re-suspended automatically. Insurance carriers that file SR-22s charge significantly higher premiums because you are classified as a high-risk driver. The elevated premium cost is one of the largest long-term financial consequences of a DUI conviction.
The DMV APS hearing is a civil administrative proceeding, not a criminal court. It is typically held by phone or in person at the DMV Driver Safety Office. A DMV hearing officer (not a judge) presides. The issues are narrow: Was the officer’s decision to stop and arrest you lawful? Were you properly advised of your chemical test rights? Did you refuse testing or test at or above the applicable BAC limit? Your attorney can subpoena the arresting officer to testify, cross-examine the officer on the stop’s legal basis and the accuracy of testing procedures, submit declarations and evidence challenging the result, and present legal arguments. The standard of proof at the DMV is preponderance of the evidence, which is lower than beyond a reasonable doubt in criminal court. Winning the DMV hearing does not automatically affect your criminal case, but it keeps your license intact and, importantly, preserves your driving record from an administrative suspension entry.
The 10-day deadline does not wait for you to feel ready. Neither does the evidence gathering process that determines whether your case can be won. If you or someone you care about has been arrested for DUI in California, the right time to call is now.
ALL Trial Lawyers serves clients throughout Orange, Los Angeles, Riverside, San Bernardino, and San Diego counties. Our DUI defense team is led by Daniel P. Flores, NHTSA SFST certified and California DUI Lawyers Association member, with more than 2,500 DUI defenses on his record. Our firm is founded on one principle: WE SHOW UP.
Call us at (866) 314-7307. Phones are answered every day. We offer a free, confidential consultation. Hablamos Español.
Past results do not guarantee future outcomes. Every case is different. The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. DUI laws and penalties are subject to change; consult a qualified California DUI defense attorney for advice specific to your situation.
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