An arrest for driving under the influence (DUI) of alcohol in California under Vehicle Code section 23152(a) initiates both criminal court proceedings and separate administrative actions by the Department of Motor Vehicles (DMV). These processes begin almost immediately.
Understanding the steps involved, from license suspensions to court appearances, is important due to the long-term impact on your record, finances, and driving privileges.
Elements of the Offense
A conviction under California Vehicle Code section 23152(a) requires the prosecution to prove that a person was driving a vehicle while under the influence of alcohol.1California Public Law. California Vehicle Code Section 23152 (2025)
Driving means controlling the vehicle’s movement, even if slight. A vehicle includes most motorized conveyances like cars, trucks, and motorcycles, but not human-powered devices.
Being under the influence means alcohol has impaired mental or physical abilities so much that the person cannot drive as cautiously as a sober individual. This charge focuses on actual impairment, unlike Vehicle Code section 23152(b), which addresses driving with a specific blood alcohol concentration (BAC).
Arrest and Investigation Process
A DUI investigation begins with a traffic stop or at a DUI checkpoint. Officers look for signs of intoxication such as alcohol odor, slurred speech, or red eyes. They may ask the driver to perform Field Sobriety Tests (FSTs), such as the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests; these pre-arrest tests are voluntary in California for most drivers.2California Highway Patrol. DRE Program: Standardized Field Sobriety Testing
An officer may also request an optional Preliminary Alcohol Screening (PAS) breath test. For drivers 21 and over not on DUI probation, this roadside test is optional. Refusal has consequences for drivers under 21 or on DUI probation. Based on observations and test results, an officer decides if there’s probable cause for arrest.
Upon arrest, California’s implied consent law applies.3California Public Law. California Vehicle Code Section 23612 (2025) This means driving in California implies consent to a chemical test (blood or breath) to determine BAC if lawfully arrested for DUI. The officer must inform the driver of this and the consequences of refusal, including enhanced penalties and longer license suspension. A choice between blood or breath test is given, unless drug impairment is suspected, which may require a blood test.
After arrest and chemical testing, the individual is booked at a police station, which includes fingerprinting and photographing. The vehicle might be impounded. The officer confiscates the driver’s license and issues an Order of Suspension/Revocation with a temporary 30-day license.4California DMV. California Administrative Per Se Program Facts Release can be on one’s own recognizance, bail, or the person may be held until arraignment.
Potential Criminal Penalties
Criminal penalties for a DUI conviction escalate with prior DUI offenses within a ten-year period.5California Public Law. California Vehicle Code Section 23622 (2025) For a first offense, penalties include fines from $390 to $1,000 (plus assessments), jail time from 48 hours to six months, and three to five years of probation. Probation requires completing a DUI education program; a three-month program for BAC below 0.15%, or a nine-month program if BAC was 0.15% or higher, or if a chemical test was refused.6California Department of Health Care Services. Driving Under the Influence (DUI) Programs
A second DUI conviction within ten years brings similar fines but increases mandatory jail time (96 hours to one year) and requires an 18-month or 30-month DUI program.
A third DUI conviction within ten years results in 120 days to one year in jail and a 30-month DUI program. The court might also designate the individual as a habitual traffic offender.
A fourth or subsequent DUI offense within ten years can be a felony, with a state prison sentence of 16 months, two, or three years, and higher fines.
Administrative License Actions
A DUI arrest triggers separate administrative action by the California DMV concerning driving privileges. The arresting officer issues an Order of Suspension/Revocation, which also serves as a temporary license.
You have only 10 calendar days from this order’s date to request a DMV hearing to challenge the suspension.7California DMV. Driver Safety Administrative Hearings Process (FFDL 26) Missing this deadline means automatic license suspension when the temporary license expires. Requesting a hearing pauses the suspension. The hearing reviews if the officer had reasonable cause for the stop, if the arrest was lawful, and if the driver (21 or older) had a BAC of 0.08% or more.
Suspension length varies by prior offenses and chemical test submission. A first offense with a BAC of 0.08% or more leads to a four-month DMV suspension.8California DMV. Driving Under the Influence: Age 21 and Older (FFDL 35) Refusing a chemical test results in a one-year license suspension for a first offense.
For a second DUI offense (BAC 0.08%+) within 10 years, the administrative suspension is one year. A second refusal leads to a two-year license revocation; a third or subsequent refusal means a three-year revocation. These DMV actions are independent of court sanctions.
Drivers may qualify for a restricted license. For a first offense (BAC 0.08%+, no refusal), after a 30-day hard suspension, a restricted license for driving to work and DUI programs can be obtained. This requires DUI program enrollment, an SR-22 (proof of financial responsibility), and DMV fees.
Alternatively, an Ignition Interlock Device (IID) may allow continued driving.9California DMV. Ignition Interlock Devices (FFDL 31) For a first non-injury DUI, an IID can permit driving without a hard suspension, for four to six months. For second and subsequent offenses, an IID is mandatory for restricted driving, with longer installation periods (e.g., one year for a second offense). Chemical test refusers are ineligible for a restricted license.
Aggravating Circumstances
Certain factors, known as aggravating circumstances, can lead to more severe charges or penalties. These include:
- Driving with a passenger under 14 years old.
- Excessive speed (more than 30 mph over the limit on a freeway or 20 mph over on other roads) while DUI.
- Refusing a chemical test after arrest (which can also enhance penalties for a high BAC, like 0.15% or more).
- Causing bodily injury to another person, which can elevate the charge to a misdemeanor or felony DUI causing injury.
- Committing a DUI while on a suspended or revoked license, particularly for a prior DUI.
- Committing a DUI while on probation for a previous DUI.
Prior DUI convictions within ten years also significantly aggravate a new DUI charge, leading to harsher penalties as detailed earlier.
Court Proceedings
The DUI criminal court process starts with an arraignment. Here, the defendant is informed of charges and rights, including the right to an attorney. If in custody, arraignment occurs within 48 business hours of arrest.10California Public Law. California Penal Code Section 825 (2025) The defendant enters an initial plea, and bail is addressed.
If a not guilty plea is entered, the case moves to pre-trial. This involves conferences where defense and prosecution discuss the case, exchange evidence (discovery like police reports and test results), and may negotiate a plea bargain.
During pre-trial, the defense can file motions, such as a Motion to Suppress Evidence if it was obtained illegally. Success can lead to evidence exclusion or case dismissal. Other motions might seek to dismiss the case or access officer records.
If no plea agreement is reached, the case goes to trial by jury. Jury selection seeks twelve impartial jurors. The trial begins with opening statements.
The prosecution presents evidence to prove guilt. The defense can cross-examine witnesses and present its own evidence. Both sides make closing arguments.
The judge instructs the jury on the law. The jury deliberates for a unanimous verdict. A guilty verdict leads to sentencing; a not guilty verdict means acquittal. If the jury cannot agree (a hung jury), a mistrial may occur, possibly leading to a retrial or dismissal.