duistatelaws.com Two separate cases open the moment a California DUI arrest happens, and only one of them is a criminal case. The other belongs to the the DMV, it is already running, and it ends by default in 10 days if nobody asks for a hearing. Most people spend that fortnight waiting for a court date that has not been set yet.
Key takeaways
- California has one impaired-driving offense and calls it DUI. There is no DWI in the Vehicle Code.
- Two ways to prove it: a test at 0.08 or more under section 23152(b), or driving under the influence of an alcoholic beverage under 23152(a), which needs no number at all.
- 10 days to request the DMV hearing. The suspension itself takes effect on the thirtieth day after you were served.
- The jail floor on a first offense is 96 hours, and at least 48 of them have to be continuous.
- The lookback is 10 years, written into each enhancement section rather than into one general rule.
- The interlock statute is temporary on its face: it applies to offenses from 2019 and repeals itself on 1 January 2033.
to demand a hearing from California Department of Motor Vehicles, counted from the notice you were served. Cal. Veh. Code § 13558(b). This proceeding is separate from the criminal charge, it is decided by the DMV rather than by a judge, and nothing about it happens automatically.
The same diagram as a table
| State | Days | Authority |
|---|---|---|
| Colorado | 7 | C.R.S. § 42-2-126(6)(a) |
| California | 10 | Cal. Veh. Code § 13558(b) |
| Florida | 10 | Fla. Stat. § 322.2615(1)(b)3. |
| Texas | 15 | Tex. Transp. Code §§ 524.031, 724.041 |
| Arizona | 30 | A.R.S. § 28-1321(G), (H) |
| Georgia | 30 | O.C.G.A. § 40-5-67.1(g)(1) |
What the offense actually is
Section 23152 does not describe one thing. It describes seven, in seven subdivisions, and a California DUI complaint routinely charges two of them at once for the same drive.
Subdivision (a) makes it unlawful to drive under the influence of any alcoholic beverage. There is no figure in it. Subdivision (b) makes it unlawful to drive with 0.08 percent or more, by weight, of alcohol in your blood. The prosecution can prove either. That is why refusing to give a sample does not end a California case: the (a) count survives on the officer's observations, the driving pattern and the roadside tests, and juries convict on it.
The rest of the section is why the charge sheet sometimes looks strange. Subdivision (d) sets a 0.04 limit for a driver of a vehicle requiring a commercial license. Subdivision (e), operative since July 2018, sets the same 0.04 limit for anyone driving with a passenger for hire in the car — which is how a rideshare driver ends up facing a threshold half of everyone else's. Subdivisions (f) and (g) cover drugs and the combination of drugs and alcohol.
None of those subdivisions changes the penalty. What changes the penalty is how many prior convictions fall inside the ten-year window, and that is set in an entirely different division of the code.
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What each offense level costs
Division 11.5 of the Vehicle Code does the sentencing, and it is organised by count rather than by conduct: section 23536 for a first violation, 23540 for a second within ten years, 23546 for a third, 23550 for a fourth. The fine range is identical in all four — $390 to $1,000 — which surprises people who expect fines to escalate. What escalates is the jail floor, the license term, and at the fourth, the possibility of a prison sentence.
The same diagram as a table
| Offense | Confinement | Authority |
|---|---|---|
| First offense | 96 hours to 6 months | § 23536(a) |
| Second offense within 10 years | 90 days to 1 year | § 23540(a) |
| Third offense within 10 years | 120 days to 1 year | § 23546(a) |
| Fourth offense within 10 years | 180 days to 1 year in county jail, or a state prison term | § 23550(a) |
| Offense | Level | Confinement | Fine | License |
|---|---|---|---|---|
| First offense | Misdemeanor § 23536(a) | 96 hours to 6 months at least 48 hours of it continuous | $390 to $1,000 § 23536(a) | 6 months § 13352(a)(1) |
| Second offense within 10 years | Misdemeanor § 23540(a) | 90 days to 1 year no continuous-hours carve-out | $390 to $1,000 § 23540(a) | 2 years § 13352(a)(3) |
| Third offense within 10 years | Misdemeanor § 23546(a) | 120 days to 1 year plus a three-year habitual traffic offender designation | $390 to $1,000 § 23546(a) | 3 years, revoked § 13352(a)(5) |
| Fourth offense within 10 years | Felony-eligible § 23550(a) | 180 days to 1 year in county jail, or a state prison term sentenced under Penal Code § 1170(h) | $390 to $1,000 § 23550(a) | 4 years, revoked § 13352(a)(7) |
Section 23536 says $390 to $1,000. The amount actually paid is that base fine plus penalty assessments applied by other codes, plus the cost of the licensed driving-under-the-influence program that section 13352 makes a condition of getting the license back. Any figure you see quoted for “the cost of a California DUI” is an estimate of that stack, not a number from the Vehicle Code. This page only prints the statutory range, because that is the part with a citation behind it.
Two provisions inside the sentencing sections are worth knowing before the first court date.
- The 48 continuous hours are negotiable in shape, not in length. Section 23536(b) requires the court to order that the jail time be served on days other than the person's regular working days, and to accommodate a shift pattern if 48 continuous hours would collide with it.
- A third conviction carries a label as well as a sentence. Section 23546(b) designates the person a habitual traffic offender for three years. That designation is separate from the revocation and it has its own consequences.
The DMV case, and why it moves first
This is the part that costs Californians the most and gets explained the least. The suspension that follows a DUI arrest is not imposed by the court. It is imposed by the Department of Motor Vehicles under section 13353.2, on its own findings, on a civil standard, and the statute says in terms that the determination “is a civil matter that is independent of the determination of the person's guilt or innocence”.
The order takes effect on the thirtieth day after you are served. Between service and that thirtieth day sits the only thing in the process you control: a request for a hearing, which section 13558(b) requires the department to receive or see postmarked within 10 days of your receipt of the notice. File inside the window and the hearing happens before the suspension starts. File outside it and there is still a hearing available in some circumstances, but the license goes first.
Section 13353.2(e) contains the provision most people would want to know about and almost nobody is told. If the district attorney never files charges for lack of evidence, or files and the court dismisses for insufficiency of evidence, the right to an administrative hearing is renewed, and the request can be made up to one year from the date of arrest. An acquittal or a dismissal also obliges the department to reinstate the license if it has already suspended.
The same diagram as a table
| Step | Criminal case — decided by a court | License case — decided by the state licensing agency |
|---|---|---|
| 1 | Arrest and booking, hour 0 | Notice of suspension served, day 0 |
| 2 | Charge filed by the prosecutor | Deadline to demand a hearing, frequently 7 to 30 days |
| 3 | First court setting, on a date the court picks | Hearing held if the request was filed — the suspension is stayed until the judge rules |
| 4 | One or more pretrial settings | Suspension takes effect automatically with no hearing |
| 5 | Trial, plea or dismissal | — |
| Clock | Weeks to months. No filing deadline runs against the driver. | Counted in days from the notice, and fixed by statute. |
| What happened | First time | With a prior | Authority |
|---|---|---|---|
| Failed the test | 4 months | 1 year | Cal. Veh. Code § 13353.3(b) |
| Refused the test | 1 year | 2 years | Cal. Veh. Code § 23612(a)(1)(D) |
The suspension lengths themselves are short by the standards of the other states on this site — four months for a first excess-BAC finding, a year where there is a prior inside ten years — and section 13353.3(b)(1)(B) lets the four-month suspension terminate early if the person is convicted, qualifies for a restricted license, and installs an interlock. That is the trade California actually offers: the device in exchange for the driving.
Ten years, counted separately in four places
California has a lookback and it is 10 years, but it is not written as a general rule anywhere. Each sentencing section carries its own copy of the window: 23540 says “within 10 years of a separate violation”, 23546 says the same for two priors, 23550 for three or more. The practical effect is the same as a single rule, with one wrinkle worth knowing.
The list of what counts as a prior is broader than DUI. Each section counts a violation of section 23103 “as specified in Section 23103.5” — that is, a reckless driving conviction that came out of a DUI charge, the plea usually called a wet reckless. A wet reckless is a lighter conviction today and a full prior tomorrow. That is the trade, and it is the single most common thing people do not understand about the plea they took five years ago.
The interlock statute that repeals itself
Section 23575.3 is unusual drafting and the shape of it matters. It applies only to convictions for offenses committed on or after 1 January 2019, and subdivision (r) repeals the whole section on 1 January 2033 unless the Legislature acts first. So the terms below describe a scheme with an end date already written into it.
| Situation | Term | Authority |
|---|---|---|
| No priors | Court-set term, up to 6 months | § 23575.3(b)(1)(A) |
| One prior | 12 months | § 23575.3(b)(1)(B) |
| Two priors | 24 months | § 23575.3(b)(1)(C) |
| Three or more priors | 36 months | § 23575.3(b)(1)(D) |
What happens to the record afterwards
California does not expunge DUI convictions, whatever the word on the advertising says. What Penal Code section 1203.4 provides is a dismissal: on successful completion of probation the court permits the plea to be withdrawn, enters a not-guilty plea, and dismisses the accusation. The conviction is not erased.
Two sentences inside 1203.4 say so plainly, and they are the reason the distinction matters. First, “in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted”. A dismissed DUI is still a prior for the ten-year window. Second, the relief is granted “except as provided in Section 13555 of the Vehicle Code” — which is the section preserving the department's license action. The dismissal does not give the license back and does not shorten the suspension.
What a California DUI lawyer is actually working with
Two deadlines, two forums, and a fine range that does not move. That combination decides what the first two weeks of work look like, and it is why the first question a defense lawyer asks is about the notice rather than about the arrest.
The 10-day DMV request is administrative and cheap to make. The hearing that follows is the one part of a California DUI where the arresting officer can be put under oath, on the record, months before any criminal trial — which is why the request goes in even in cases where the license is likely to be lost anyway. The transcript is the discovery.
On the criminal side the negotiable ground is narrower than in most states. The fine range is fixed, the jail floor is statutory, and section 13352 conditions reinstatement on completing a licensed program regardless of what the court does. What is genuinely in play is the count — whether the case resolves as a DUI, as a reckless driving under section 23103.5, or not at all — and whether the prior that makes this a second offense is really inside the ten years.
Common questions about California DUI law
How long do I have to request a DMV hearing in California?
Ten days. Vehicle Code section 13558(b) requires the request to be made within 10 days of your receipt of the notice of the order of suspension, and section 13558(d) says the department must hold the hearing before the effective date of the suspension if the request was postmarked or received inside that window. The suspension itself takes effect on the thirtieth day after service under section 13353.3(a), which is why people assume they have a month. They have ten days.
Is a California DUI a felony?
Not usually. Sections 23536, 23540 and 23546 all describe misdemeanor punishment for a first, second and third offense within ten years. Section 23550 is the one that changes things: a fourth violation within ten years is punishable by imprisonment under Penal Code section 1170(h) or by 180 days to a year in county jail. A DUI that injures someone is charged under section 23153 instead, and that is a different ladder.
Does a wet reckless count as a prior?
Yes. Each of the enhancement sections counts a violation of Vehicle Code section 23103 “as specified in Section 23103.5” as a prior, and that is exactly what a wet reckless is. It is a lighter conviction at the time and a full prior for the next ten years.
Can a California DUI be expunged?
No, although the relief that exists is often advertised with that word. Penal Code section 1203.4 allows the plea to be withdrawn and the case dismissed after probation is completed successfully. The same section says the conviction may still be pleaded and proved in a later prosecution, and expressly preserves Vehicle Code section 13555, which keeps the DMV's license action intact.
Do I have to install an interlock?
For a conviction on an offense committed on or after 1 January 2019, section 23575.3 sets mandatory terms of 12, 24 and 36 months at one, two and three priors. On a first conviction the term is set by the court and cannot exceed six months. The section is written to repeal itself on 1 January 2033.
What if the district attorney never files charges?
Section 13353.2(e) gives you a renewed right to an administrative hearing if charges are not filed for lack of evidence, or are filed and then dismissed for insufficiency of evidence. That request can be made within one year from the date of arrest. If you are acquitted, the department is required to reinstate the license it suspended.
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More for California
- How long it stays on your record — the three separate records a single arrest creates
- Expungement, sealing and set aside — which of the three, if any, exists in California
- Refusing the test — what implied consent costs here against what it buys
- SR-22 insurance after a California suspension — what the filing certifies and how long the state holds you to it
- Ignition interlock providers and costs in California — what the device costs and who installs it
Sources
- Cal. Veh. Code § 23152(b) — read in force 2026
- Cal. Veh. Code § 13558(b) — read in force 2026
- Cal. Veh. Code § 13353.3(a) — read in force 2026 — the authoritative text is published by the state at the official portal
- Cal. Veh. Code § 23575.3(b)(1) — read offenses from 2019-01-01
- Cal. Veh. Code § 23612(a)(1)(D) — read in force 2026
- Cal. Penal Code § 1203.4 — read in force 2026
Each entry names the section that carries the figure and the document that was actually opened to read it. Where the two differ, the state’s own publication is linked as well. Statutes change; check the linked text before relying on a number from any website, including this one.