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← Back to HomeArrested for DUI in California? What Happens Next
Free, step-by-step California DUI guide: your license deadline, the court process, penalties, and how to get back on the road. Not legal advice.
⚠️ CRITICAL: California's 10-Day Rule
After your arrest, you receive a temporary license valid for 30 days. But you must REQUEST a DMV hearing within 10 DAYS of arrest. Miss this → automatic license suspension on day 31 — regardless of what happens in criminal court.
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Get Your Answers NowYour California DUI Journey
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- •You were arrested for DUI under Vehicle Code 23152(a) and/or 23152(b)
- •Officer took your license and gave you a pink temporary permit (valid 30 days)
- ⚠️ You have 10 DAYS to request a DMV hearing — call 1-800-777-0133 or go online at dmv.ca.gov
- •Requesting a hearing extends your temporary permit while you wait
- •Don't discuss your case with anyone except a lawyer
- •Write down everything you remember about the arrest
- •California has over 115,000 DUI arrests per year — attorneys handle these routinely
- •This is SEPARATE from your criminal case — handled by California DMV
- •Issues reviewed: probable cause for stop, proper implied consent warning, BAC ≥ 0.08%
- •Win: keep your license (criminal case continues separately)
- •Lose: license suspended, but IID Restricted License available immediately
- •IID Restricted License: drive anywhere with interlock installed (no destination limits)
- •Traditional Restricted License: wait 30 days, work/school driving only
- •Must enroll in DUI school and file SR-22 for restricted license
- •Timeline: Arraignment → Pre-trial → Trial or Plea → Sentencing
- •Arraignment: usually 4-6 weeks after arrest, enter plea
- •California ALLOWS plea bargaining — 'wet reckless' (VC 23103.5) is possible
- •Wet reckless: lesser charge, shorter probation, lower fines, shorter DUI school
- •Still counts as a 'prior' if you get another DUI within 10 years
- •Fourth DUI within 10 years = FELONY (16 months – 3 years state prison)
California DUI Penalties
* All offenses include probation (3-5 years), DUI school, and Victim Impact Panel. California uses a 10-year lookback period.
- •DUI School: 3-month (first, BAC <0.15), 6-month (BAC 0.15-0.19), 9-month (BAC 0.20+), 18-month (second offense)
- •Costs: $500-$1,800 depending on program length
- •Ignition Interlock Device: required for all first offenders seeking restricted license
- •Duration: 6 months (first), 1 year (second), 2 years (third)
- •Cost: $70-150/month
- •SR-22 Insurance: required for 3 years, costs $1,800-$5,000+/year extra
- •Probation: 3-5 years, Victim Impact Panel (MADD)
- •Getting your license back: complete DUI school, IID period, pay reinstatement fee ($125), visit DMV
- •Expungement: California allows DUI expungement after completing probation (Penal Code 1203.4)
- •Dismisses conviction (not erased — 'dismissed' on record)
- •Still counts as a prior if you get another DUI within 10 years
- •Helps with employment and housing applications
- •DMV record: DUI stays for 10 years
- •Insurance impact: rates elevated 3-7 years
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