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    Arrested 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.

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    ⚠️ 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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    Your 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

    1st DUIMisdemeanor
    JailUp to 6 months
    Fine$1,800-$2,600
    License6-mo suspension
    IID6 months
    1st DUI (BAC ≥ 0.15)Misdemeanor
    JailUp to 6 months (enhanced)
    Fine$1,800-$2,600
    License6-mo suspension
    IID6 months
    2nd DUI (within 10 yrs)Misdemeanor
    Jail96 hrs – 1 year
    Fine$2,500-$4,000
    License2-yr suspension
    IID1 year
    3rd DUI (within 10 yrs)Misdemeanor
    Jail120 days – 1 year
    Fine$2,500-$4,000
    License3-yr revocation
    IID2 years
    4th+ DUI (FELONY)Felony
    Jail16 mo – 3 yrs prison
    Fine$5,000+
    License4-yr revocation
    IIDMandatory

    * 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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