California DUI FAQ

Yes! In California, when someone is arrested for DUI, they face two actions against their driver’s license concurrently: the Court and the DMV. The DMV Hearing must be requested within 10 days of your arrest, or your license suspension will begin 30 days after arrest, and will last at least 4 months. If convicted in court of a DUI, you will face another suspension, which begins the day you are convicted, and is separate from the suspension that may already be in place from the DMV (or coming later). The statutes affecting your ability to drive is extremely complicated, so it is important to have someone familiar with all the complexities on your side.

Although the statutory maximum jail time for a first offense DUI is 180 days, there is a good chance you won’t have to do any if there are no aggravating factors, such as a refusal, accident, or excessively high BAC. A second and subsequent DUIs carry mandatory jail time, but how much time you actually do will depend on the county where you were arrested. If you must do time, a lawyer can often help you negotiate it down to community service or labor. It is very important for your lawyer to be familiar with how each court / county works, because prosecutors will give different offers based on the same facts, and the over-crowding situation is different in each county, thus affecting the actual time you do even when sentenced to the same number of days.

You can, if you qualify. Keep in mind that the DMV hearing is a separate administrative (not criminal) proceeding with a short deadline, and public defenders generally do not represent clients there. A private DUI lawyer can handle both the court case and the DMV hearing.

Yes. If you are facing a misdemeanor DUI and nothing else, a lawyer can appear on your behalf without you throughout the entire proceeding. At the DMV, if your testimony is required, you can testify telephonically. If there are any forms you need to sign for court, your lawyer can mail these to you and have you sign in front of a notary. All paperwork that you need can be mailed to you by your lawyer.

You should absolutely NOT contact law enforcement yourself. Most of the time this kind of letter is sent when there is not enough evidence yet to charge you, and they are hoping you will help them out by incriminating yourself. Always contact a lawyer first, and if necessary, speak only through counsel.

Miranda only has to be given if there is post-arrest interrogation. Most cops in a DUI investigation are trained to get everything they need out of your mouth “prior” to cuffing you, so Miranda usually doesn’t apply. However, there are instances when a cop will conduct further questioning at the station, where Miranda WOULD have to be given in order for the statements to be admissible in court.

You should hire a lawyer to go to court to recall the warrant. A lawyer can usually do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.

SR-22, or proof of insurance, has to be filed for 3 years AFTER conviction of a DUI. Your first order of business after being cited for a DUI is to figure out how to avoid being convicted.

Ask yourself 3 things: a) Will this lawyer actually be the one representing you? Or does this lawyer simply pass the case off to “one” of the associates. b) Does this lawyer specialize in DUI? Or does this lawyer take whatever walks in the door? c) Is the quoted fee the “actual” fee that you will be paying? Or are there plenty of hidden fees that will hit you when you don’t simply plead guilty?

You should absolutely NOT respond to such a letter. You have the right to remain silent, and that means the right to NOT speak to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later. In short, no benefit can be derived from responding. You should contact a lawyer ASAP if you have received such a letter or voice mail.

Absolutely, especially if you forgot about the right to remain silent and copped yourself out. Remember, no matter what you said it will be twisted around and used to make you look guilty. Also, many refusal cases still (unfortunately) involve Field Sobriety Tests, which are designed to make anyone, sober or not, look impaired. With that said, a refusal DUI is usually more defensible than a regular DUI, since there isn’t a specific number that prosecutors can point to, but the consequences of conviction are more severe.

First of all, being over the legal limit is just the starting point, and all DUI cases that are won involve people who are at or above the legal limit (or they refused). If you were under the legal limit, you wouldn’t even have been cited. Second, just because you feel you are guilty, it doesn’t mean you need to have the full brunt of the consequences crash down on you. With proper representation, things like jail time, license suspension, fines, probation, alcohol school…etc. can be reduced or eliminated, guilty or not.

While the consequences of a drug DUI are largely the same as those of an alcohol DUI (less the DMV portion), drug DUIs are harder to prove, because there isn’t a specific concentration level that the state deems as impairment. Therefore it is even more important to fight the case in court

A DMV Hearing is only triggered when alcohol is involved in a DUI.

When alcohol in any amount is involved, it is always safer to request a DMV Hearing, since the BAC level that would trigger a DMV Hearing varies. For example, if you are under 21 or are on probation for a DUI, even a 0.01% reading would trigger the DMV.

Potentially. Normally any kind of refusal will trigger the 10 day rule for requesting a DMV Hearing. However, if prior to the refusal a breathalyzer (ie. PAS) showed your BAC was 0.00%, then no DMV Hearing would be required. However, it is always safer to request a hearing, since you will likely not know the contents of a police report within 10 days of your arrest.

The legal drinking age in California is 21. It’s illegal for anyone under this age to consume alcohol.

California’s ‘Zero Tolerance’ law makes it illegal for anyone under the age of 21 to operate a vehicle with any detectable amount of alcohol in their blood. This means even a BAC of .01% can result in a DUI charge.

Penalties for underage DUI can include a one-year license suspension, fines, mandatory DUI education programs, and even jail time in some cases. The exact penalties will depend on the specifics of the case, including the driver’s BAC level and whether it’s a first offense.

Yes, a DUI conviction can have long-term effects on your life, including your college applications and job prospects. Many colleges and employers ask about criminal history, and a DUI conviction can negatively impact these opportunities.

The new penalties apply to offenses committed on or after January 1, 2027. If you were arrested before that date, call us to find out which rules apply to your case.

Yes. Prior DUI and Wet Reckless convictions from before 2027 still count toward the 10-year look-back. If you already have two priors within 10 years, a new DUI on or after January 1, 2027 could be charged as a felony.

Yes. DMV does allow late requests, especially when the cause for delay is justifiable. For example, some people remain in custody, or are not given the pink slip (temporary license) containing the 10-day rule. However, the longer you go beyond the 10 days, the less likely a late request will be granted.

It depends. The DMV has the discretion to deny you a hearing, but they also have the discretion to grant it. However, even if a late request is granted, the DMV may not necessarily grant you a stay of suspension (meaning your license will still be suspended after 30 days pending the outcome of the hearing).

Usually yes, but if you lost your DMV Hearing based on a refusal, then an acquittal in court will not reverse the suspension.

If you are convicted of DUI, then the statutory suspension for that conviction will kick in, regardless of what happened at the DMV Hearing.

Yes. Although no DMV Hearing is triggered, a conviction of Hit and Run will result in 2 points on your driving record, and that is on top of anything else (such as points for DUI).

Yes, especially if your Hit and Run occurred during a DUI, and you already have a prior for DUI, so are deemed to know the dangers of driving while intoxicated.

Yes. In fact, police officers often arrive at the scene of a Hit and Run, and arrest both drivers for DUI.

You should absolutely NOT respond to such a letter. You have the right to remain silent, and that means the right to NOT speak to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later. In short, no benefit can be derived from responding. You should contact a lawyer ASAP if you have received such a letter or voice mail.

No. A conviction for DUI when a child is in the car is in and of itself evidence of Child Endangerment.

That depends on whether Child Endangerment appeared as an enhancement to the DUI on the Complaint, or the prosecutor alleged it as a separate charge. If the latter, you could theoretically still get convicted of Child Endangerment by the jury even if you were acquitted of the DUI (in practice, however, this would be extremely rare).

The prosecutor can allege one count of Child Endangerment for each child in the car. So if you had 3 children in the car during a DUI, you could face 3 separate counts.

They can be. Legally a person convicted of both DUI and Resisting Arrest can be penalized for both charges consecutively.

No. Usually by the time you have arrived at the station or hospital for the blood draw, you have already been arrested. But that doesn’t mean you are immune from other potential charges (ie. assault).

An arrest is lawful if it is based on probable cause. In other words, the officer needs to have a reasonable suspicion that a crime has been committed before they can make a lawful arrest. If a person was arrested prematurely, before the officer has established (or has had enough time to establish) probable cause, there is no lawful arrest.

Yes. Like any misdemeanor, Public Intoxication will result in a criminal record.

No.

Not always. The police may choose to release you once you sober up with no charges, especially if it is your first time. In that case, the police will usually send you a letter advising you that you were not arrested, only detained.

No. The police officer’s observations (ie. odor, gait, speech…etc.) will suffice.

Usually no. When an employer requests a background check with the DOJ, only “convictions” are revealed. A DUI that has been expunged is no longer a conviction.

Yes. Expungement refers only to a person’s criminal record. As such, your driving record may still show that you have points from a prior DUI, or that you had lost a DMV Hearing.

Yes. The court will usually charge you $120 to petition the court for expungement.