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California DUI Laws

DUI Defense in California

Statutes, Penalties, and Defense Strategies

What you are facing, the deadlines that bind you, and the questions an attorney needs to answer — under California (CA) DUI law.

BAC Limit

0.08

Enhanced BAC

0.15

Higher penalties above this

Lookback Period

10 years

Prior offenses count within

10 days-Day DMV Hearing Deadline

California gives you 10 days days from the arrest to ask for a DMV hearing. This is the

administrative hearing

Plain language

A DMV review of the license suspension — separate from the criminal court case, with its own paperwork and deadline.

that decides the license suspension. Miss the deadline and the suspension starts on its own, even if the criminal case ends in dismissal later.

First Offense Penalties in California

Jail TimeUp to 6 months
Fines$390 – $1,000 (plus penalty assessments totaling $1,800+)
License Suspension4 months (administrative) / 6 months (court)
Ignition Interlock

Plain language

A breath-tester wired into the car ignition. The car will not start without a clean sample.

Required statewide for all DUI convictions

Implied Consent and Test Refusal

California has an

implied consent law

Plain language

By driving on the state's roads, you have already agreed to a chemical test if an officer has probable cause to think you are impaired.

like every state. The test can be breath, blood, or urine. Refusing carries its own penalty, listed below.

Refusal Penalty

1-year license suspension (added to any DUI suspension)

California-Specific Detail

California's 10-day DMV hearing deadline is critical, miss it and you lose the right to challenge your administrative license suspension. Penalty assessments can quadruple the base fine.

Is your California DUI defense on track?

The Defense Report Card checks 10 critical defense behaviors specific to DUI cases. Takes 2 minutes. Instant results.

Take the Free Defense Score

DUI Defense Playbook$127

26 questions that change how your next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download — calibrated for California DUI defendants.

Other California defense topics

Facing a different charge in California? Penalty ranges, enhancements, and defense questions for related crimes:

Important: This page provides general legal information about California DUI laws as of the date of publication. Laws change frequently. This is not legal advice. For guidance specific to your case, speaking with a California-licensed attorney is one option, or take the free Defense Report Card to see where your case stands.

Questions people ask

Reducing a DUI to an infraction

In California, a DUI is generally charged as a misdemeanor (or in some situations a felony), and it is not typically reduced to a mere infraction the way a minor traffic ticket might be; instead, a "reduction" more often means a plea to a lesser related offense, such as a "wet reckless," depending on the facts and how a given county's prosecutors and courts handle the case. Whether any reduction is available under California law depends on things like the alleged blood-alcohol level, prior history, and local practice, so it varies by county. What options might realistically apply to a specific situation is worth raising with an attorney who can look at the actual charges and evidence. General information only; not legal advice.

Felony DUI California

In California, a DUI can generally be charged as a felony rather than a misdemeanor in certain situations, such as when a DUI causes injury or death to another person, when there are multiple prior DUI convictions within a set period, or when a person already has a prior felony DUI on their record. Under California law, a felony DUI is treated more seriously than a misdemeanor and can carry heavier potential consequences, though how a case is actually charged and resolved varies by county and depends on the specific facts. Because whether conduct qualifies as a felony often turns on details like prior convictions and injuries, the specifics are worth raising with an attorney who can look at an individual situation. General information only; not legal advice.