Your First DUI in California

What Happens After Your First DUI in California

You were pulled over and failed the sobriety test. Now you’re facing your first DUI in California, and your mind races with questions.

What happens next?

You face two separate battles: 

One with the DMV and one in criminal court. Both processes start immediately after your arrest, and time is critical.

This guide walks you through what happens after a first DUI arrest in California and the steps you need to take right now to protect your future.

California DUI Laws: What You’re Charged With

The California Vehicle Code makes it illegal to drive under the influence of alcohol or drugs. Most people arrested for their first offense face charges under two sections:

  1. California Vehicle Code 23152(a) prohibits driving while impaired by alcohol or drugs.
    1. You can be convicted even if your blood alcohol content (BAC) is below 0.08%. 
    2. The only factor is whether alcohol affected your ability to drive safely.
  2. California Vehicle Code 23152(b) makes it illegal to drive with a BAC of 0.08% or higher.
    1. This is called “per se” DUI. 
    2. Your actual impairment doesn’t matter: The BAC level alone is enough for conviction.

Prosecutors typically charge both offenses together. If convicted of both, it counts as only one DUI conviction.

First Offense: Misdemeanor or Felony?

A first offense DUI in California is usually a misdemeanor. The charge becomes a felony only if someone was injured or killed, or if you have prior DUI convictions.

What Happens Immediately After a DUI Arrest

The moment you’re arrested, a specific sequence of events begins. Each step has serious consequences for your driving privileges.

After your DUI arrest:

  1. License confiscation
  • The officer takes your physical driver’s license on the spot.
  1. Temporary license issued: 
  • You receive a pink temporary license valid for 30 days.
  1. Notice of Suspension
  • That pink sheet tells you the DMV plans to suspend your license. 
  • You have exactly 10 calendar days from the arrest date to request a DMV hearing.
  • If you miss the deadline, your license suspends automatically after 30 days. 
  1. DMV report filed
  • The officer submits a report to the California DMV. 
  • This triggers the administrative license suspension process, completely separate from your criminal case.
  1. Chemical testing required
  • You must take a breath or blood test. 
  • California’s implied consent law means you already agreed to testing when you started driving here. 
  • Refuse the test? You face an automatic one-year license suspension plus enhanced criminal penalties.

The 10-day deadline is the most critical. Everything else follows from whether you request that DMV hearing in time.

You have two battles ahead:

  1. The DMV administrative hearing (about your driving privileges)
  2. The criminal court case (about criminal penalties)

Winning one doesn’t guarantee winning the other. Losing one doesn’t mean you’ll lose the other. They operate independently.

The DMV Hearing: Your License Is on the Line

Request a DMV Hearing Within 10 Days

The clock starts ticking the moment you’re arrested. You have 10 calendar days, not business days, to request a hearing with the California DMV.

Call the Driver Safety Office immediately or have an attorney do it for you. If you don’t request the hearing within this window:

  • Your license suspends automatically
  • You lose your right to challenge the suspension

The DMV hearing is an administrative proceeding. It’s not a criminal trial. The hearing officer only decides whether to suspend your license based on three questions:

  • Did the officer have reasonable cause to believe you were driving under the influence?
  • Were you lawfully arrested?
  • Was your BAC 0.08% or higher?

If the officer’s paperwork has errors or if proper procedures weren’t followed, you might win the hearing and keep your license.

License Suspension Penalties

If you lose the DMV hearing or don’t request one, here’s what happens:

For first DUI in California with BAC of 0.08% or higher:

  • Usually a four-month administrative license suspension from the DMV
  • An additional six-month suspension from the criminal court (if convicted)
  • Suspensions usually overlap, so you serve the longer period

For refusing a chemical test:

  • A one-year suspension from the DMV
  • Additional penalties in criminal court

After an initial suspension period, you can typically get a restricted license to drive to work, school, and DUI education programs. You’ll need to:

  • Install an Ignition Interlock Device (IID) in your vehicle
  • Obtain SR-22 insurance
  • Pay DMV fees
  • Enroll in DUI school

With an IID, you can often continue driving immediately without waiting out a suspension period. The device requires you to blow into it before the car starts. If it detects alcohol, the engine won’t start.

Criminal Court Penalties for First-Time DUI

A first-time DUI conviction in California typically results in informal (summary) probation for three to five years. During probation, you must follow strict conditions.

Standard penalties:

  • Fines: $390 to $1,000 base fine, plus penalty assessments that push the total to $1,800 to $3,000 or more
  • Jail time: Up to six months in county jail (though many first-time dui offenders avoid jail if they complete probation terms)
  • Probation: Three to five years with conditions
  • DUI school: Three-month or nine-month alcohol education program
  • License suspension: Six months from criminal court
  • Ignition Interlock Device: Required for at least six months

Usual DUI probation conditions:

  • Cannot drive with any measurable amount of alcohol in your system (zero tolerance)
  • Must submit to chemical testing if arrested for DUI again
  • Cannot refuse chemical tests
  • Must maintain valid insurance
  • Cannot commit any criminal offense

Violating probation can land you in jail immediately, even if you avoided jail time initially.

When Penalties Increase

Certain factors make your first DUI worse and trigger enhanced penalties:

a. High BAC (0.15% or higher):

  • Longer DUI education program (nine months instead of three)
  • Harsher sentencing

b. Refusing chemical test:

  • Mandatory 48 hours in county jail
  • One-year DMV license suspension with no restricted license option
  • Longer DUI school requirements

c. DUI with a minor passenger (under 14):

  • Mandatory jail time
  • Additional fines
  • Possible child endangerment charges

d. Excessive speeding while DUI:

  • 20+ mph over the limit on surface streets
  • 30+ mph over the limit on freeways
  • Adds mandatory 60 days in jail 

e. Causing an accident or injury:

  • Can be charged as DUI causing injury 
  • Possible felony charges
  • Significantly longer jail or prison time
  • Higher fines and restitution

DUI with injury: Even if no one was seriously hurt, causing an accident while impaired increases penalties substantially. If someone suffers serious bodily injury, a first-time DUI offense can be charged as a felony.

These aggravating factors limit your ability to negotiate reduced charges and can make expungement more difficult later.

Why You Need a DUI Attorney

You have 10 days to request a DMV hearing. You face two separate proceedings. The penalties are severe and long-lasting.

An experienced DUI attorney can:

  • Handle the DMV hearing
  • Investigate your arrest
  • Challenge the evidence
  • Negotiate with prosecutors
  • Represent you in court
  • Protect your future

California DUI defense lawyers who handle DUI cases regularly know the prosecutors, judges, and local court procedures. They understand California DUI law and how to build effective defense strategies for DUI cases.

How to Respond to Your First DUI Charge

Your first DUI in California is serious. The consequences affect your license, your record, your job, and your future. But this isn’t the end of your story.

You have 10 days to request a DMV hearing. That deadline is critical. So don’t miss it.

Charged with a DUI? Facing a DUI arrest? Contact an experienced DUI lawyer from The Nieves Law Firm. They can challenge the evidence, protect your rights, and work to minimize the penalties or get the charges reduced. 

This article is for informational purposes only and does not constitute legal advice. Laws may change, and individual circumstances vary. For guidance on a specific situation, consult a qualified attorney.