California DUI Frequently Asked Questions

California DUI laws can have far-reaching consequences that affect your future employment, finances, housing, and freedoms long after you are stopped and charged.

Familiarizing yourself with California DUI laws can help you prepare for what is ahead if you are charged with DUI. Remember, everyone has the right to a defense and you are innocent until proven guilty.

California DUI laws are summarized in CA Vehicle Code § 23152, which states the following:

(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

The vehicle code goes on to outline definitions and penalties associated with the crime of driving under the influence.

Here are some commonly asked questions about DUI and DUI laws in California. For more details on California DUI laws, here is everything you need to know if you or a loved one has been convicted of DUI in California.

If you are arrested for a DUI in California, there are DMV penalties to face as well as criminal – even if you are not convicted of an offense.

You may receive a temporary driver’s license if your official driver’s license is confiscated. If you do not take action within 10 days of your arrest, the DMV will automatically suspend your driving privilege.

An experienced DUI attorney can help preserve your driving privileges by requesting a hearing with the DMV to make a final decision about your license suspension.

This will mean an automatic stay of your license suspension until the DMV hearing. The DMV does not wait for criminal proceedings to go through the courts.

Both a misdemeanor and felony DUI may result in jail time but it is not always mandatory. An experienced DUI attorney will have methods to work out a deal so that jail time can be avoided in most cases.

The potential for jail time increases with each conviction – especially within the 10-year “look-back” period – and if there are aggravating factors present, such as:

• A blood alcohol content of 0.15 % or higher
• Refusing a chemical test
• Causing an accident
• Excessive speeding
• Underage children inside the vehicle
• Under 21-year-old driver

The likelihood of you spending time in jail for DUI also depends on the skills of your defense lawyer when negotiating with the prosecution.

DUI is generally treated as a misdemeanor offense in California unless one of the following applies:

• The DUI is a fourth offense within 10 years
• The driver has a prior felony charge for DUI
• The driver causes an accident in which another person is injured or killed
• In the above instances, a felony charge may apply.

For a first DUI in California, you may receive a driver’s license suspension from four to 10 months. However, this is not a foregone conclusion.

With the help of your lawyer, you may be able to fight the license suspension and retain your driving privileges.

Your lawyer can first help arrange a DMV hearing within 10 days of your arrest and then fight against a DUI conviction in court (a conviction automatically triggers a six-month license suspension).

Since 2019, people charged with DUI in California have been able to continue driving if they successfully apply for a restricted license after 30 days of suspension.

You may also have the option to install an IID (Ignition Interlock Device) and suffer minimal license suspension time.

While there is no guarantee that your application will be accepted, your attorney may be able to help you partially restore your driving privileges.

Here are some commonly asked questions about DUI classes in California. For more details on DUI classes, here is everything you need to know.

DUI classes are commonly conducted in-person and consist of a combination of counseling and education for DUI offenders.

The educational component helps offenders understand the DUI laws in California and how they affect them. It also educates attendees on drug abuse and “problem” drinking and may include lectures, videos, and group discussions.

The counseling component of the course is normally conducted in groups, in addition to one-on-one sessions which are usually required.

Participants must remain sober during classes and actively participate in any one-on-one sessions. Failure to do so may result in expulsion from the program.

Everyone convicted of the following driving offenses in California must participate in DUI school:

• Driving under the influence of alcohol or drugs (DUI)
• Driving with a BAC (Blood Alcohol Content) of 0.08 percent or higher
• Underage DUI with a BAC of 0.05 percent or higher
• “Wet reckless” charge (often negotiated as a plea bargain from DUI charges)
• Any other alcohol or drug-related driving offense in California

You will also need to attend if you pleaded guilty or “nolo contendere” (no contest) to any of the above charges as opposed to being convicted at trial by a jury.

DUI programs run anywhere from 12 hours to 30 months in California. The duration of your participation will depend upon the nature of your driving offense, your Blood Alcohol Content, and which county you are arrested and subsequently convicted in.

Offenders are asked to pay these costs out of their own pockets – including an initial down-payment when they enroll in the course. DUI classes can costs anywhere from $200 to $3000+, depending on your program duration.

If you do not have the means to fund your program, you can apply for a fee waiver or a fee reduction from some of the providers.

There are over 200 providers of DUI classes around California, so you can expect programs and costs to vary significantly.

Here is a long list of providers that are licensed by the Department of Health Care Services.

Typically, DUI school programs are based entirely on in-person sessions and there is no option to complete the course online. However, during the COVID-19 Pandemic, some schools have been allowing for attendance over the internet, since in-person meetings have not been possible. This is a very uncommon exception being made for a global emergency, so it will not likely be a permanent change.