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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?

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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.

Get the DUI Playbook — $127Read the Free DUI Guide

Other California defense topics

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

Drug Possession in CaliforniaAssault in CaliforniaDomestic Violence in California

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 Masked Researcher’s First Read to see where your case stands.