DUI.lawDUI.law

The criminal case

DUI penalties in California

The offense, qualifying priors and statutory conditions matter—not just an arrest count.

DUI penalties in California depend on the charged offense and its statutory conditions. Prior convictions, their dates, and aggravating factors may change the applicable rule. An arrest count alone does not establish the offense tier, and a minimum sentence is not the complete sentencing range. The cited rules below are not predictions of a particular case’s outcome.

The lookback period

How far back priors count
10 years for the repeat-offense rule in § 23540, measured between qualifying violations that result in convictions.
  • This states the specific § 23540 rule, not a guarantee that every older conviction is irrelevant to every DUI sentencing provision.
Verified Cal. Veh. Code § 23540Official source (opens in a new tab)

Penalty rules by offense number

First offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Second offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Third offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Driving privileges, ignition interlock and insurance requirements need separate review under their own rules. A commercial-driving restriction may have different triggers from a restriction on an ordinary licence. No consequence is assumed merely because it appears in this list.

Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
Request the DMV hearing within 10 days after receiving the suspension or revocation notice to seek a hearing before the order takes effect.
  • This is the initial notice-based hearing right—not a renewed-hearing exception measured in years. The notice identifies the applicable order.
Verified Cal. Veh. Code § 13558Official source (opens in a new tab)
Suspension under the cited rule
Ordinary APS test-failure suspension: four months without a qualifying prior event in 10 years; one year with a qualifying prior. Separate under-21 rules and restricted-license conditions apply.
  • The order generally takes effect 30 days after service. That start date is not the suspension's length.
  • Qualifying conviction-and-interlock restricted-license conditions can terminate the four-month or one-year APS period. The under-21 zero-tolerance/refusal provision requires at least one year.
Verified Cal. Veh. Code § 13353.3Official source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
0.08%
Verified Cal. Veh. Code § 13353.2Official source (opens in a new tab)
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.