Wondering whether a California DUI can come off your record? compare DUI expungement rules by state.
← BackCalifornia DUI Questions — Answered
Real answers to the most common questions after a California DUI arrest.
Last updated: March 3, 2026
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Key questions after a California DUI: Do I have 10 days to request a DMV hearing? (Yes — don't miss it or your license is automatically suspended.) What is a wet reckless? (A reduced plea to reckless driving with alcohol — still counts as a prior DUI if you re-offend.) Will I go to jail? (Usually not for a first offense without aggravating factors.) How much will this cost? ($10,000–$25,000+ total.)
You have 10 days from your arrest to contact the DMV and request an Administrative Per Se (APS) hearing. Miss this deadline and your license is automatically suspended 30 days after your arrest. Call the DMV Driver Safety Office, not a regular DMV branch.
A "wet reckless" (VC 23103.5) is a reduced charge of reckless driving involving alcohol — lesser penalties than a DUI conviction. It still counts as a prior DUI offense if you're arrested again within 10 years. Whether to accept depends on the evidence against you; consult an attorney before agreeing.
Yes. A first DUI conviction typically results in a 6-month license suspension. However, if you request a DMV hearing within 10 days, you may keep your license during the hearing process. You can also apply for a restricted license with an ignition interlock device after 30 days.
A standard first DUI is a misdemeanor. It becomes a felony if someone was injured or killed, you have 3+ prior DUI convictions within 10 years, or you have a prior felony DUI. Felony DUI carries state prison time and a permanent criminal record.
Total costs for a first DUI typically range from $10,000–$25,000+, including: fines and penalty assessments ($1,800–$3,500 fine becomes $7,000–$14,000 after assessments), attorney fees ($3,000–$12,000), DUI school ($500–$1,800), ignition interlock (~$1,500/year), and insurance surcharge (often $3,000+/year for 3 years).
DUI school length depends on BAC and prior offenses. First offense under 0.15% BAC: 3-month program (30 hours). First offense at 0.15%+ BAC: 9-month program (60 hours). Second offense: 18-month program (78 hours). Completion is required to reinstate your license.
You can refuse a roadside PAS (Preliminary Alcohol Screening) test if you're over 21 and not on DUI probation — this is an optional field test. You cannot refuse the chemical test (breath or blood) after arrest without penalty. Refusal results in a 1-year license revocation for a first offense.
Possibly, but often not immediately. A first DUI carries up to 6 months in county jail, but judges frequently impose summary probation instead. Probation typically includes: 3–5 years probation, DUI school, fines, and community service. Aggravating factors (high BAC, accident, reckless driving) increase jail likelihood.
A DUI stays on your DMV driving record for 10 years and is counted as a prior for any new DUI charges during that window. Your criminal record shows the conviction indefinitely unless expunged. SR-22 insurance is typically required for 3 years.
Yes, if you completed probation successfully (or had probation terminated early), you may petition to dismiss (expunge) your DUI conviction under Penal Code 1203.4. Expungement does not remove it from your DMV record or restore professional licenses, but it allows you to say "no conviction" on most job applications.