--- title: "California DUI Lawyer" description: "California DUI defense guide: DUI penalties by offense, the 10-day DMV deadline, defense strategy, and city pages for local courts." url: "https://www.thehfirm.com/california-dui-lawyer" site: "H Law Group" --- # California DUI Lawyer California DUI defense guide: DUI penalties by offense, the 10-day DMV deadline, defense strategy, and city pages for local courts. Every California DUI arrest starts two cases. The DMV case decides your license, and you have 10 days from receiving the suspension notice to request a hearing; without one, the suspension starts automatically. The criminal case runs through the superior court in the county where you were stopped. - **7,000+** Charges Dismissed -- Historical firm case outcomes across California criminal and DUI matters. - **24/7** Phones Answered -- The intake line is answered around the clock for time-sensitive calls. ## What happens after a DUI arrest 1. **Step 1: Arrest, booking, and temporary license notice** (Arrest day) -- After a stop or accident investigation, the officer can arrest you, issue a temporary license notice, and send reports and test information to DMV. 2. **Step 2: DMV hearing request window** (Within 10 days) -- You generally have 10 days to request a DMV hearing after receiving the suspension or revocation notice. That hearing is separate from the court case and focuses on your driving privilege. 3. **Step 3: Arraignment and early court positioning** (First weeks) -- The criminal case moves into charging, plea posture, and future hearing dates. Early defense work often centers on police reports, video, chemical-testing procedure, and timing issues. 4. **Step 4: Negotiation, hearings, or trial** (Pretrial to resolution) -- Many DUI cases resolve through targeted negotiation, mitigation, or contested motion practice. Others require evidentiary hearings or trial when the stop, testing, or legal theory is genuinely disputed. ## California DUI penalties by offense Court penalties and DMV penalties are separate. The DMV suspension after arrest applies whether or not you are convicted, unless you win the hearing. The [DMV's own guide](https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/) lists the administrative periods. | Offense | Statute | County jail if convicted | License after conviction | DMV suspension after arrest | | --- | --- | --- | --- | --- | | First DUI | VC 23536 | 96 hours (48 of them continuous) to 6 months | 6-month suspension | 4 months | | Second DUI within 10 years | VC 23540 | 90 days to 1 year | 2-year suspension | 1 year | | Third DUI within 10 years | VC 23546 | 120 days to 1 year | 3-year revocation | 1 year | | Fourth DUI within 10 years | VC 23550 | Felony or misdemeanor; up to 3 years under PC 1170(h) | 4-year revocation | 1 year | | DUI causing injury | VC 23153 | Felony or misdemeanor; see the felony DUI page | 1 to 5 years, depending on priors | 4 months or 1 year, depending on priors | | Refusing a chemical test | VC 23577, VC 13353 | Adds 96 hours on a second DUI, 10 days on a third, 18 days on a fourth | Set by the underlying DUI | 1-year suspension; 2 or 3 years with priors | Base fines are $390 to $1,000 for these DUI convictions, before penalty assessments that add substantially. A first DUI requires a 3-month DUI program, or 9 months with a BAC of 0.20% or higher or a refusal (VC 23538). A BAC of 0.15% or higher, or a refusal, is an aggravating factor at sentencing (VC 23578). Prior wet reckless convictions count as priors. ## DUI lawyers by city - [los-angeles DUI lawyer](https://www.thehfirm.com/dui-lawyers-los-angeles) -- Local courts, prosecutors, and DMV timing for DUI arrests in los-angeles. - [san-diego DUI lawyer](https://www.thehfirm.com/dui-lawyers-san-diego) -- Local courts, prosecutors, and DMV timing for DUI arrests in san-diego. - [san-jose DUI lawyer](https://www.thehfirm.com/dui-lawyers-san-jose) -- Local courts, prosecutors, and DMV timing for DUI arrests in san-jose. - [irvine DUI lawyer](https://www.thehfirm.com/dui-lawyers-irvine) -- Local courts, prosecutors, and DMV timing for DUI arrests in irvine. - [riverside DUI lawyer](https://www.thehfirm.com/dui-lawyers-riverside) -- Local courts, prosecutors, and DMV timing for DUI arrests in riverside. - [Sacramento DUI lawyer](https://www.thehfirm.com/dui-lawyers-sacramento) -- Local courts, prosecutors, and DMV timing for DUI arrests in Sacramento. - [Fresno DUI lawyer](https://www.thehfirm.com/dui-lawyers-fresno) -- Local courts, prosecutors, and DMV timing for DUI arrests in Fresno. - [Bakersfield DUI lawyer](https://www.thehfirm.com/dui-lawyers-bakersfield) -- Local courts, prosecutors, and DMV timing for DUI arrests in Bakersfield. - [Ventura DUI lawyer](https://www.thehfirm.com/dui-lawyers-ventura) -- Local courts, prosecutors, and DMV timing for DUI arrests in Ventura. - [Oxnard DUI lawyer](https://www.thehfirm.com/dui-lawyers-oxnard) -- Local courts, prosecutors, and DMV timing for DUI arrests in Oxnard. ## DUI services - [After A DUI Charge](https://www.thehfirm.com/dui/what-to-do-after-dui-charge) -- Start with the first-response roadmap for timing, paperwork, and practical next steps. - [First-Offense DUI](https://www.thehfirm.com/dui/first-offense) -- Protect driving privileges and reduce first-case fallout through early evidence strategy. - [Felony DUI](https://www.thehfirm.com/dui/felony-dui) -- High-stakes defense for injury allegations and enhanced charging theory. - [DMV Hearings](https://www.thehfirm.com/dui/dmv-hearings) -- Coordinate DMV and court strategy before the 10-day deadline window closes. - [Wet Reckless](https://www.thehfirm.com/dui/wet-reckless) -- Understand when a reduction is realistic and how the plea still affects long-term risk. - [Marijuana DUI](https://www.thehfirm.com/dui/marijuana-dui) -- Challenge cannabis-impairment assumptions and testing limitations in marijuana DUI cases. - [Breathalyzer Test](https://www.thehfirm.com/dui/breathalyzer-test) -- Review calibration, timing, and observation-period issues behind reported breath numbers. - [DUI Penalties](https://www.thehfirm.com/dui/penalties) -- See how fines, jail exposure, programs, and collateral pressure are usually framed. - [License Suspension](https://www.thehfirm.com/dui/license-suspension) -- Plan around APS timing, restricted-driving options, and work-impact issues quickly. - [DUI Expungement](https://www.thehfirm.com/dui/dui-expungement) -- Evaluate post-case relief options to reduce long-term background-check impact. ## Defense strategy topics - [Rising BAC Analysis](https://www.thehfirm.com/tools/bac-calculator) -- Test whether the reported result fairly reflects BAC at the time of driving, not only at testing. - [DMV Timeline Protection](https://www.thehfirm.com/dui/dmv-hearings) -- Align court and administrative strategy quickly so one process does not undermine the other. - [High-Exposure Charge Defense](https://www.thehfirm.com/dui/felony-dui) -- Prepare fact-driven strategy for repeat-offense and felony-level allegations. - [Penalty Containment](https://www.thehfirm.com/tools/dui-penalty-estimator) -- Use mitigation and negotiation leverage to reduce fines, suspension terms, and collateral damage. ## Resources - [California DMV: Driving Under the Influence](https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/) -- Official DMV guidance on license action after a DUI arrest. - [DUI programs by county](https://www.thehfirm.com/dui-programs) -- State-licensed DUI program listings for California counties. ## Frequently asked questions ### How long do I have to request a DMV hearing after a DUI in California? 10 days from receiving the suspension notice, which for most drivers is handed over at the arrest. If no hearing is requested, the DMV suspension starts automatically: 4 months for a first offense with a chemical test, 1 year with a prior DUI in the last 10 years, and 1 year for drivers under 21 with a BAC of 0.01% or more. ### What are the legal BAC limits in California? 0.08% for most drivers (VC 23152(b)), 0.04% for commercial drivers and for drivers carrying a passenger for hire (VC 23152(d) and (e)), and 0.01% for drivers under 21 (VC 23136). You can also be charged with DUI below these limits if the prosecution claims you were impaired. ### Will I go to jail for a first DUI in California? A first DUI carries 96 hours to 6 months in county jail under VC 23536. The court can instead grant probation of 3 to 5 years (VC 23600), with fines, a DUI program and license terms. A high BAC, a refusal, an accident or a child in the car can push the sentence higher. ### Is a DUI a misdemeanor or a felony in California? Most DUIs are misdemeanors. A DUI can be charged as a felony when someone other than the driver is injured, when it is a fourth DUI or wet reckless within 10 years, or when there is a prior felony DUI within 10 years. ### Can a California DUI be reduced or dismissed? Sometimes. Cases can be rejected or dismissed when the stop, the testing or the evidence does not hold up, and some are reduced to a wet reckless under VC 23103.5. No lawyer can promise either result. It depends on what the evidence review finds. ### What happens if I refuse a breath or blood test in California? The DMV suspends your license for 1 year on a first refusal, or revokes it for 2 or 3 years with priors within 10 years (VC 13353). In court, a refusal is an aggravating factor at sentencing (VC 23578) and adds mandatory jail time on second and later DUIs (VC 23577). ### How long does a DUI stay on my record in California? For sentencing, a DUI counts as a prior for 10 years, so a new DUI within that window is punished as a repeat offense. The conviction stays on your criminal record after that, and an expungement under PC 1203.4 does not stop it from being used as a prior in a later case. ### Do I need a DUI lawyer near where I was arrested? The case is heard in the county where you were arrested, so local court knowledge matters. H Law Group has offices in several California cities, and each city page on this site covers who prosecutes DUI cases there and which courts hear them. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.