DUI Frequently Asked Questions

A DUI arrest triggers two separate processes. First, the DMV begins an administrative action to suspend your license. You have 10 days to request a hearing to fight to keep your license. Second, the district attorney will file criminal DUI charges against you. When you are released from jail, you will be given a date and time to appear in court.

Yes. A person can be convicted of DUI with blood alcohol below the limit if the prosecutor can show that you were impaired to the point of not being able to drive as safely as a sober person.

For a typical first DUI, the DMV will suspend your driving privilege for one month.  After a month, you can apply for a restricted license that allows you to drive to and from work.

Yes. All 50 states have laws against driving under the influence of drugs.  The law is Penal Code section 23152(e).  Unlike with alcohol, there is no blood level in the law that creates a presumption dictating when a person is under the influence.

Most alcohol related accidents occur at night between 9 p.m. and 6 a.m. The rate of alcohol impairment among drivers involved in fatal crashes in 2011 was 4.5 times higher at night than during the day (36% versus 8%). Source: NHTSA Traffic Safety Facts 2011 Data.

The combined cost of fines and penalties for a first DUI average about $1,500 and depend on the county.

DUI classes are roughly $675 for 3 months of classes, $860 for 6 months of classes, and $1,140 for 9 months of classes. Multiple offender classes are 18 months and can cost $1,700. It depends on the county.

DUI classes can run 3, 6, 9, or 12 months for first offenders.  For multiple offenders, the classes may be 18 or 30 months.

DUI classes in California must be licensed by the Department of Healthcare Services. A complete list of licensed DUI programs can be found here.

• In California, it is illegal to drive with a blood alcohol level of 0.08% or higher if you are 21 years or older. Vehicle Code section 23152(b).
• If you are under 21 years old, it is illegal to drive with a blood alcohol of 0.01%. The penalties may vary if the blood alcohol level is between 0.01%-0.04%, 0.05%-0.07%, or 0.08% and higher.
• It is illegal for commercial license holders (Class A, Class B, or Class C with an endorsement) from operating a commercial motor vehicle with a blood alcohol level of 0.04% or higher. Vehicle Code section 23152(d).

It depends on where you were arrested. You can call the office listed below that is closest to where you were arrested.

For your first DUI you will probably not do in-custody time. For a 2nd DUI, the minimum is 4 days in custody. For a 3rd DUI, the minimum is 6 days in custody. The maximum time in custody depends on the county and the facts of your case.

If you have contested the DMV action, your temporary license is valid pending the outcome of your DMV hearing. Once DMV issues a decision, the decision letter will include a day your suspension begins.

No. Your license is totally suspended during the 30 days. It is not a restricted license.

Generally, those under 21 will lose their license for 1 year after a DUI conviction. However, if you have a critical need, DMV allows you to apply for your license during that year. See the critical need form here.

People with commercial licenses will lose their license for 1 year after being convicted with a DUI. A second DUI will result in a lifetime revocation of a person's commercial license. This is true even if the person was not driving the commercial vehicle at the time of the arrest.

DUIs are handled very differently for people under 18. They are prosecuted through the juvenile court and the consequences are not as standardized as with adult DUIs.