What happens if I get a DUI/DWI in California?

California prosecutes drunk driving under a two-pronged statute that punishes both impaired driving and per se BAC violations.

1. Per Se BAC Standard

Under Cal. Veh. Code § 23152(a), it is unlawful to drive while under the influence; § 23152(b) sets the per se threshold at 0.08% for adults, § 23152(d) at 0.04% for commercial drivers, and § 23136 imposes zero tolerance (0.01%) for drivers under 21.

2. Implied Consent

Cal. Veh. Code § 23612 requires drivers to submit to breath or blood testing after a lawful DUI arrest. A first refusal triggers an automatic 1-year license suspension under § 13353, a second refusal within 10 years results in a 2-year revocation.

3. First-Offense Penalties

A first DUI under § 23536 carries 96 hours to 6 months jail, a $390-$1,000 fine (plus penalty assessments often pushing total to $2,000+), a 6-month license suspension, and a 3-9 month DUI school. SB 1046 makes ignition interlock mandatory statewide for repeat offenders and at court discretion for first offenders.

4. Enhancements

A fourth DUI within 10 years, or any DUI causing injury (§ 23153) or death (Pen. Code § 191.5), is chargeable as a felony. Enhancements apply for BAC of 0.15%+, refusal, child passenger under 14 (§ 23572), or excessive speed.

5. Administrative License Suspension (ALS)

The arresting officer takes your license and issues a 30-day temporary permit. You have 10 days to request a DMV "APS hearing" or the 4-month suspension takes effect automatically.

6. Court Process

Arraignment within days of arrest, followed by pretrial conferences, suppression motions (Veh. Code § 13558 / Pen. Code § 1538.5), plea negotiations, and jury trial if unresolved.

7. Long-Term Consequences

SR-22 insurance for 3 years, conviction stays on DMV record for 10 years, federal CDL disqualification for 1 year under 49 C.F.R. § 383.51, and significant employment background-check impact.

This is legal information, not legal advice.