A DUI arrest in California can create two separate problems: a criminal case in court and an administrative driver’s license proceeding through the California Department of Motor Vehicles. The potential consequences depend on the circumstances of the arrest, prior DUI history, whether anyone was injured, and other factors.
Understanding these two processes is important because the DMV case can begin before the criminal DUI case has been resolved.
What Are the Penalties for a DUI in California?
A California DUI conviction can result in several different consequences. Depending on the case, these may include:
- Jail or other custody requirements
- Fines, assessments, and other financial consequences
- Probation
- Completion of a DUI education or treatment program
- Driver’s license suspension or restrictions
- Installation of an ignition interlock device (IID)
- Additional consequences when the DUI caused an injury
The penalties generally become more serious when a person has prior DUI convictions or qualifying prior offenses within the applicable lookback period.
However, the outcome of an individual case can depend on the charges, evidence, criminal history, negotiated resolution, and other circumstances.
First-Time DUI Penalties in California
A first DUI does not necessarily mean that a person will receive the same sentence as every other first-time offender.
A conviction can result in probation, fines and assessments, a DUI program, possible jail or alternative sentencing requirements, and driver’s license consequences.
Additional allegations can increase the seriousness of the case. These may include allegations involving:
- An accident or injury
- A particularly high blood alcohol concentration
- Refusal to submit to a required chemical test
- Excessive speed or other dangerous driving
- A child passenger
- Other aggravating circumstances
The facts of the individual case therefore matter even when a person has never previously been convicted of DUI.
What Happens After a Second DUI?
A second DUI within the applicable 10-year period can carry substantially greater consequences than a first offense.
A second conviction may involve increased custody requirements, a longer DUI program, additional license consequences, and ignition interlock requirements when alcohol is involved.
Prior convictions can therefore play an important role in both sentencing and driver’s license consequences.
It is also important to determine whether an alleged prior conviction actually qualifies as a prior for purposes of the new DUI case.
What Happens After a Third DUI?
A third DUI within 10 years exposes a defendant to still greater penalties.
Potential consequences can include increased jail exposure, more extensive DUI treatment requirements, a longer period of driver’s license consequences, and mandatory ignition interlock requirements in qualifying alcohol-related cases.
Because the consequences increase significantly with repeat offenses, the prosecution’s evidence regarding both the current DUI and the alleged prior convictions should be carefully reviewed.
Can a DUI Become a Felony in California?
Most ordinary DUI cases begin as misdemeanor charges, but some DUI cases can be prosecuted as felonies.
Examples can include certain DUI cases involving injury and cases in which the defendant’s prior DUI history permits felony prosecution.
DUI incidents involving death can lead to substantially more serious criminal charges.
Whether a DUI is charged as a misdemeanor or felony depends on the facts of the case and the defendant’s prior record.
California DUI With Injury
When prosecutors allege that a person drove under the influence and caused injury to another person, the potential consequences become substantially more serious.
An injury DUI can expose a defendant to greater criminal penalties and additional driver’s license consequences.
The prosecution must still prove the elements of the charged offense, including issues involving impairment and causation. The fact that an accident occurred does not by itself establish that the defendant was legally responsible for an injury DUI.
The DMV Case Is Separate From the Criminal DUI Case
One of the most important things to understand after a California DUI arrest is that the DMV process and the criminal case are separate.
The criminal case determines whether the defendant is guilty of DUI and what criminal sentence may be imposed.
The California DMV can separately take administrative action against the person’s driving privilege following the arrest.
This means that winning or losing one proceeding does not necessarily produce the same result in the other.
You Have a Limited Time to Request a DMV Hearing
Following a qualifying DUI arrest, the driver generally has only 10 days after receiving the notice of suspension or revocation to request an administrative hearing with the California DMV.
The hearing provides an opportunity to challenge the administrative suspension or revocation.
Failing to request a hearing within the required period can allow the DMV action to proceed without that challenge.
Because the deadline is short, driver’s license issues should be addressed immediately after a DUI arrest rather than waiting for the first criminal court appearance.
Administrative Per Se License Suspensions
California’s Administrative Per Se (APS) system allows the DMV to take action against a driver’s license based on circumstances surrounding a DUI arrest.
For a driver age 21 or older who takes a qualifying chemical test showing a blood alcohol concentration of 0.08% or greater, a first APS offense generally results in a four-month suspension.
A second or subsequent qualifying APS offense within 10 years can result in a one-year suspension.
These administrative consequences are separate from driver’s license consequences resulting from a later DUI conviction.
What Happens If You Refuse a Chemical Test?
An alleged refusal or failure to complete a required post-arrest chemical test can result in separate driver’s license consequences.
For drivers age 21 or older, the DMV currently provides for:
- A one-year suspension for a first qualifying refusal
- A two-year revocation for a second offense within 10 years
- A three-year revocation for a third or subsequent offense within 10 years
Whether a legally valid refusal occurred can itself become an issue in the DMV proceeding and criminal case.
Can You Get a Restricted License After a DUI?
California law provides restricted-license options for some drivers following a DUI arrest or conviction.
Eligibility depends on the circumstances of the case, including whether the person submitted to chemical testing, prior DUI history, the type of DUI involved, and compliance with DMV requirements.
Depending on the situation, a driver may be able to seek:
- An ignition-interlock-device restricted license
- A license restricted to qualifying employment and DUI-program driving
Requirements can include enrollment in an approved DUI program, proof of financial responsibility, payment of DMV fees, and installation of an IID when required.
The appropriate option depends on the driver’s individual circumstances.
Ignition Interlock Devices After a California DUI
An ignition interlock device requires a driver to provide a breath sample before a vehicle will start and requires additional breath samples while driving.
California’s statewide IID program applies differently depending on the type of DUI and the driver’s prior history.
Repeat alcohol-related DUI offenders and people convicted of qualifying injury DUI offenses can face mandatory IID periods.
For a first non-injury alcohol-related DUI, an IID is not automatically mandatory in every case. A court may order one, and eligible drivers may also choose an IID-restricted license as a way to maintain driving privileges.
The exact IID requirement should therefore be determined from the particular conviction and DMV action rather than assuming that every DUI produces the same restriction.
How Long Does a DUI Count as a Prior?
California generally uses a 10-year period when determining whether certain prior DUI-related convictions increase the consequences of a new DUI offense.
That means a prior DUI or other qualifying conviction can significantly affect the treatment of a later case.
The dates and nature of alleged prior convictions should be reviewed carefully because they can affect charging, sentencing, license consequences, and IID requirements.
How Long Does a DUI Stay on Your California Driving Record?
The California DMV generally maintains a DUI on the public driver record for 10 years from the violation date.
That period is also significant because qualifying DUI-related convictions can be used as prior offenses when determining the consequences of another DUI occurring within the applicable 10-year period.
Are DUI Penalties the Same in Every Case?
No.
Statutory penalties establish the legal framework, but the actual outcome of a DUI case can depend on many factors, including:
- Prior DUI history
- Blood or breath test evidence
- Whether drugs were allegedly involved
- Whether a chemical test was allegedly refused
- Whether an accident or injury occurred
- Aggravating allegations
- Problems with the traffic stop, arrest, testing, or investigation
- The charges ultimately filed by the prosecutor
- The result of negotiations, motions, or trial
For this reason, a list of maximum or minimum penalties does not tell you what will actually happen in a particular DUI case.
Can DUI Charges Be Reduced or Dismissed?
An arrest does not automatically result in a DUI conviction.
A DUI defense may involve examining the legality of the traffic stop, officer observations, field sobriety testing, breath or blood testing, chemical-test procedures, statements attributed to the driver, and other evidence.
Depending on the evidence and circumstances, DUI charges may sometimes be reduced or dismissed. Other cases may proceed to trial.
The appropriate defense strategy depends on the facts of the individual case.
Learn More About California DUI Laws
California DUI law involves much more than criminal sentencing. Blood alcohol limits, chemical testing, DMV proceedings, driver’s license restrictions, drug DUI allegations, and prior convictions can all affect a case.
For a broader explanation, read our guide to California DUI laws, BAC limits, and penalties.
If your case involves cannabis, prescription medication, or another drug, see our information about marijuana and drug DUI defense.
Talk to a Fresno DUI Attorney
If you have been arrested for DUI in Fresno or elsewhere in Central California, it is important to address both the criminal case and the potential DMV driver’s license action.
Gregory W. Fox has more than 20 years of experience defending people accused of DUI and other California criminal offenses.
Learn more about our Fresno DUI defense services or call the Law Office of Gregory W. Fox at (559) 222-5800 to request a consultation.