California DUI Laws: The Complete 2027 Guide
A DUI in California triggers two separate tracks — the DMV’s APS suspension and the criminal court case — with a 10-day hearing deadline, a 4-month first-offense suspension, and new laws taking effect in 2027 and 2031. Here’s the whole picture, verified against dmv.ca.gov.
TL;DR
- Two separate tracks: the DMV’s Administrative Per Se (APS) suspension and the criminal court case run independently — winning one does not decide the other.
- First DUI: 96 hours–6 months jail, $390–$1,000 base fine plus assessments, 3–5 years probation, 6-month court suspension; the DMV’s APS track adds a 4-month suspension. The two suspensions may run concurrently — not stacked.
- The 10-day rule: you have just 10 days from receiving the pink suspension order (DS 367) to request a DMV hearing through a Driver Safety Office. Miss it and the suspension takes effect as scheduled.
- Getting back on the road: an IID-restricted license can be available immediately during an APS suspension — no 30-day wait — and reinstatement costs a $125 reissue fee ($100 if under 21) plus 3 years of SR-22 insurance.
- New laws, honest dates: Braun’s Law (SB 907) and the third-DUI wobbler (AB 1546) take effect January 1, 2027; the points change (AB 1685) and Irene’s Law’s 72-month revocation (AB 1687) take effect January 1, 2031.
Last verified against dmv.ca.gov: October 23, 2026
California DUI Law Runs on Two Tracks
This is the single most important thing to understand, and the thing most websites blur: a California DUI sets off two independent proceedings at once. The DMV acts on your driving privilege through an administrative process; the court decides your criminal case. They have different judges, different standards of proof, different deadlines — and resolving one does not automatically resolve the other.
| Track 1: DMV (Administrative Per Se) | Track 2: Criminal Court | |
|---|---|---|
| Who decides | A DMV hearing officer at a Driver Safety Office (not a judge) | A judge (and jury, if you go to trial) |
| What’s at stake | Your driving privilege: suspension or revocation | Jail or prison, fines, probation, DUI school |
| Triggered by | The arrest itself — a BAC of 0.08%+ on a chemical test, or a refusal | The prosecutor filing charges (CVC §23152 / §23153) |
| Standard of proof | Preponderance of the evidence (more likely than not) | Beyond a reasonable doubt |
| Key deadline | 10 days from receipt of the suspension order to request a hearing | Arraignment, typically weeks after arrest |
| Can you drive meanwhile? | The pink order doubles as a 30-day temporary license | The court does not issue driving permission |
| If you win one track | An acquittal in court can get the DMV action reversed — but only if the DMV determines the court’s decision equals an acquittal | Beating the DMV hearing has no binding effect on the criminal case (CVC §13558(g)) |
A conviction reduction in court — for example, a DUI pled down to a wet reckless — does not undo the APS suspension. The DMV’s decision stands on its own record. And because the tracks are independent, you must fight or resolve both: the hearing request goes to a Driver Safety Office, while the criminal case goes through the county courthouse.
BAC Limits in California
California’s “per se” DUI law (CVC §23152(b)) makes it a crime to drive with a blood alcohol concentration at or above the legal limit — no proof of bad driving required. The limit depends on who you are:
| Driver | BAC limit | What happens at or above it |
|---|---|---|
| 21+, noncommercial | 0.08% | Standard DUI: criminal charge + 4-month APS suspension (first offense) |
| Commercial vehicle | 0.04% | DUI under CVC §23152(d); CDL disqualification 1 year (3 years with hazmat) |
| Under 21 (“zero tolerance”) | 0.01% | 1-year DMV suspension under CVC §23136 — any measurable alcohol |
| Under 21, 0.05%–0.079% | 0.05% | Infraction under CVC §23140: 1-year suspension, $100 fine, 3-month program (if 18+) |
| Under 21 at 0.08%+ | 0.08% | Charged as a standard adult DUI (misdemeanor) |
| On DUI probation | 0.01% | 1-year suspension; 2 years if you refuse the test (3-year revocation with 2+ priors) |
Note that California also punishes impairment itself: under CVC §23152(a) you can be charged for driving under the influence of alcohol even below 0.08% if the officer can show you were impaired — and under §23152(f) for driving under the influence of drugs, including prescription and over-the-counter medication. The law makes no distinction between illegal drugs and medicine from a doctor or pharmacy.
The APS Timeline: What Happens After a DUI Arrest
The DMV’s Administrative Per Se action starts the moment you’re arrested — not when you’re convicted. Here is the sequence, step by step:
One thing the DMV will not do at the hearing: “A request for a restricted license cannot be considered at the DMV hearing.” That request goes through a separate process.
First DUI: Is the Suspension 4 Months or 6 Months?
This is the most-asked suspension question in California — and the answer is both, depending on which track you mean:
- DMV (APS) track: 4 months for a first offense at 21+ with a 0.08%+ test result. This starts ~30 days after the arrest, regardless of the court case.
- Court track: 6 months (CVC §13352(a)(1)) — 10 months if your BAC was above 0.20%. This starts at conviction.
- Together: the DMV’s official flyer says the conviction-based suspension “may run concurrently” with the APS suspension. In practice the APS days count toward the court suspension, so the total is roughly the longer of the two (about 6 months) — not 4 + 6 stacked. Keep the DMV’s “may” wording: concurrency is credited, not guaranteed.
The same two-track logic explains why a case that ends well in court can still leave you suspended: if the DMV already upheld the APS action and the court outcome isn’t the equivalent of an acquittal, the DMV suspension stands.
First-Offense DUI Penalties (Current Law)
A first DUI without injury and without prior DUIs in the last 10 years is a misdemeanor under CVC §23152 / §23536. The statutory ranges:
| Penalty | First offense |
|---|---|
| Jail | 96 hours to 6 months in county jail (at least 48 hours continuous); with probation, as little as 48 hours |
| Fine | $390–$1,000 base fine — then penalty assessments multiply it. Real-world court totals commonly land around $1,900–$2,400+ depending on the county; always treat totals as county-dependent, never as a single statutory figure |
| Probation | 3–5 years informal (summary) probation: no measurable BAC, submit to chemical tests, obey all laws |
| Court license suspension | 6 months (10 months if BAC was 0.20% or higher) |
| DUI school | 3-month / 30-hour program if BAC was under 0.20%; 9-month / 60-hour program if BAC was 0.20%+ or you refused the test. There is no 6-month tier in the statute. |
| DMV (APS) suspension | 4 months (runs alongside the court track; “may run concurrently”) |
Jail time on a first offense is usually served as the 96-hour minimum or converted to alternative sentencing at the court’s discretion — but the 6-month maximum is real, and judges use more of it when the facts are bad (high BAC, accident, child in the car).
Second, Third, and Fourth DUI: The Ladder (and What Changes in 2027)
California counts priors on a 10-year lookback from conviction date. Here is the ladder as it stands today, with what the 2026 legislation changes on January 1, 2027:
| Offense | Criminal (current law) | DMV license action | From 1/1/2027 (AB 1546) |
|---|---|---|---|
| 2nd DUI in 10 yrs | 90 days–1 yr jail (no probation option); with probation, 96 hrs or 10 days–1 yr; $390–$1,000 + assessments | 2-year (24-month) suspension | No change |
| 3rd DUI in 10 yrs | 120 days–1 yr jail; $390–$1,000 | 3-year revocation; habitual traffic offender 3 yrs | Becomes a wobbler: misdemeanor or felony (16 months / 2 / 3 years county jail) |
| 4th DUI in 10 yrs | Wobbler: misd. 180 days–1 yr, or felony 16 mo / 2 / 3 yr | 4-year revocation; habitual traffic offender 3 yrs | Stays a wobbler; clarified to apply to exactly 3 priors |
| NEW: 5th+ DUI in 10 yrs | — | — | Straight felony — no misdemeanor option (16 mo / 2 / 3 yr) |
| DUI causing injury (CVC §23153) | Misd.: 5 days–1 yr, $390–$5,000; Felony: 16 mo–6 yr state prison (+1–6 yrs per injured person), up to $10,000 | Suspension/revocation per offense count | 72-month revocation for injury-DUI with 4+ priors from 2031 (Irene’s Law) |
DUI school gets longer up the ladder too: an 18-month or 30-month program for a second offense, and a 30-month program for third and subsequent offenses. And a note many law-firm pages get wrong: some still claim a third DUI brings automatic felony charges — under current law it was a misdemeanor, and from 2027 it becomes a wobbler (prosecutor’s choice), not an automatic felony.
For the full breakdown of the new felony ladder, see our repeat DUI guide (publishing shortly) and the Braun’s Law guide.
Perspective: the DMV’s 32nd DUI Management Information System report counted 110,017 DUI arrests in 2021; of 2020 convictions, 74.7% were first-time offenders, 19.2% second-time, 4.6% third-time, and 1.4% fourth-or-subsequent.
Wet Reckless: The Common Plea-Down
Many first-time DUI cases don’t end as DUIs at all — they’re negotiated down to “wet reckless” (CVC §23103.5, reckless driving involving alcohol). It’s still a misdemeanor and still priorable for 10 years, but the penalties are lighter:
- Jail: 5–90 days county jail (rarely imposed on a first offense; usually probation)
- Fine: $145–$1,000 base, plus assessments (real-world totals roughly $700–$4,500, county-dependent)
- Program: ~12-hour alcohol program instead of the 3-month DUI school
- License: no court suspension — but legal sources typically report 2 DMV points, and the APS 4-month suspension can still apply if your BAC was 0.08%+ or you refused
- Probation: up to 3 years (commonly 1–2)
Refusing the Chemical Test
California’s implied-consent law means that by driving here, you’ve agreed to submit to a chemical test if lawfully arrested for DUI. Refusing — or failing to complete — the test triggers a separate, harsher APS ladder, and it does not help your criminal case the way people hope:
| Refusal | APS penalty (21+) | Under 21 |
|---|---|---|
| First refusal | 1-year suspension | 1-year suspension |
| Second refusal in 10 yrs | 2-year revocation | 2-year revocation |
| Third+ refusal in 10 yrs | 3-year revocation | 3-year revocation |
Refusal also upgrades your DUI school to the 9-month / 60-hour program on conviction, and prosecutors routinely argue refusal as consciousness of guilt. The 10-day hearing deadline applies to refusals exactly the same way — and at a refusal hearing the DMV adds a fourth issue: whether you were properly told that refusal would suspend or revoke your license.
Under 21: Three Different Rules
Drivers under 21 face a triple tier — and competitors routinely compress it into one line. Here’s the actual structure:
- 0.01%+ (CVC §23136, “zero tolerance”): any measurable alcohol — 1-year DMV suspension. Not a crime; an administrative action.
- 0.05%–0.079% (CVC §23140): an infraction — 1-year suspension, $100 fine, and a 3-month alcohol program if you’re 18 or older.
- 0.08%+: charged as a standard adult DUI (misdemeanor) with the full first-offense penalty range.
Refusal under 21: 1-year suspension for a first refusal, 2-year revocation for a second, 3-year revocation for a third or more. Reissue after a zero-tolerance suspension costs $100 instead of the adult $125.
California’s New DUI Laws: The 2026 Package (Honest Dates)
On September 25, 2026, the Governor signed a four-bill DUI package — the biggest change to California DUI law in years. The single most confusing thing about it is the timing: half takes effect in 2027, half waits until 2031. Here is the confusion-killer table:
| Date | Takes effect | Does NOT take effect |
|---|---|---|
| Now – Dec 31, 2026 | Current law: 4th-in-10-years felony rule; 3rd DUI = misdemeanor; ordinary DUI = 2 DMV points | None of the four bills |
| Jan 1, 2027 | SB 907 (Braun’s Law): Watson advisement on DUI plea-downs + tougher hit-and-run tiers · AB 1546: 3rd DUI becomes a wobbler; new straight-felony 5th tier; child-in-car add-on remap; felony DUI loses the 20% good-driver discount | AB 1685 and AB 1687 (they wait) |
| Jan 1, 2031 | AB 1685: gross vehicular manslaughter while intoxicated with gross negligence goes from 2 to 3 DMV points · AB 1687 (Irene’s Law): injury-DUI with 4+ priors in 10 years → 72-month DMV revocation, full reinstatement after 72 months, restricted license possible after 12 months with a mandatory 72-month certified IID | — |
SB 907 — Braun’s Law (operative Jan 1, 2027)
Named in the statute itself (new CVC §23635(a)), Braun’s Law closes a paperwork hole: the Watson murder advisement used to be keyed to DUI convictions, so a DUI pled down to wet reckless never generated the on-the-record warning. From 2027, whenever a DUI charge is pled down to a lesser or different offense, the court must give the advisement: “You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle… If you continue to drive while under the influence… and, as a result of that driving, someone is killed, you can be charged with murder.” It also rewrites hit-and-run tiers: with a qualifying prior DUI/reckless/manslaughter conviction within 10 years, an injury hit-and-run becomes state prison 2/3/4 years, and a death-or-permanent-serious-injury hit-and-run becomes state prison 3/4/5 years and a $1,000–$10,000 fine. Full chaptered-text detail: Braun’s Law (SB 907) guide.
AB 1546 — the felony ladder (core operative Jan 1, 2027)
The bill that ends the old “4th = felony” shorthand: a 3rd DUI in 10 years becomes a wobbler (misdemeanor or felony, prosecutor’s choice); a 4th stays a wobbler (clarified to exactly 3 priors); and a new 5th tier — DUI with 4+ priors in 10 years — is a straight felony with no misdemeanor option. Conforming changes: the child-in-the-car add-ons remap (48 hours / 10 days / 30 days / 90 days by offense number) and a felony DUI now disqualifies the 20% good-driver insurance discount. What AB 1546 does not do: it contains no IID mandate and no revocation-period changes — claims to the contrary come from committee-era coverage of provisions that never made the chaptered text.
AB 1685 — the points change (operative Jan 1, 2031)
Gross vehicular manslaughter while intoxicated with gross negligence (Penal Code §191.5(a)) goes from 2 to 3 DMV violation points, with 10-year disclosure of the conviction/accident abstracts. Ordinary DUI and DUI-causing-injury stay at 2 points. Deep dive: California point system (publishing shortly).
AB 1687 — Irene’s Law (operative Jan 1, 2031)
New CVC §13352.7: an injury-DUI (CVC §23153) within 10 years of 4 or more prior DUI convictions triggers a 72-month DMV revocation. Full reinstatement waits the full 72 months; a restricted license is possible after 12 months with a mandatory 72-month certified IID; reinstatement requires proof of insurance and a 30-month DUI program (18-month where none is offered in the county). Older drafts of this bill described an 8-year revocation with 3+ priors — the chaptered text says 72 months / 4+ priors; sources repeating “eight years” are stale. Deep dive: Irene’s Law guide.
What the package does NOT change
- First and second DUI penalties are untouched.
- Plea bargaining still exists — Braun’s Law adds the warning to the plea; it does not ban pleas.
- Ordinary DUI stays at 2 DMV points — only PC §191.5(a) moves to 3, in 2031.
- No new IID or revocation periods in AB 1546.
- The 3-year-per-prior enhancement never became law — it was dropped before passage.
- Not retroactive: offenses are judged under the law in effect on the offense date. Talk to a lawyer about how a pending case is affected.
- Braun’s Law is not third-DUI-felony law — that’s AB 1546. And the Watson advisement is not a murder conviction — it’s the warning that makes a future Watson-murder prosecution possible.
Ignition Interlock Devices & Restricted Licenses
An ignition interlock device (IID) is a breathalyzer wired to your car’s ignition — the car won’t start unless you blow under the limit. In California, the IID is both a punishment and a path back to driving:
- During an APS suspension, a first offender can get an IID-restricted license immediately under CVC §13353.6 — no 30-day hard-suspension wait. You can drive anywhere, as long as the vehicle has a certified IID installed. The alternative: wait 30 days, then apply for a restricted license limited to driving to/from work and the DUI program.
- Requirements: enrollment in a DUI program + SR-22 insurance filing + IID installation verified on form DL 920 + the reissue fee.
- Second DUI in 10 years: after 1 year of suspension, you can apply for a restricted license (to/from the alcohol program and work) with program enrollment, insurance proof, and a $100 reissue fee.
- Third or subsequent DUI in 10 years: the DMV says you are not entitled to apply for any type of restricted license.
- CDL holders: must downgrade to a Class C license for a restricted license.
- Costs: legal sources report roughly $50–$170 for installation and $60–$120/month for the lease and calibration — totals vary widely by vendor and county, so treat any single figure as a rough estimate.
The IID-restricted path during APS suspensions remains operative under current law. Full detail on devices, vendors, and costs: ignition interlock guide and restricted license guide (publishing shortly).
Getting Your License Back: The Reinstatement Path
Reinstatement after a DUI suspension is a checklist, not a waiting game. The DMV will not hand your license back automatically when the suspension period ends — you must complete every step:
What that misdemeanor actually costs depends on why you were suspended: our driving on a suspended license guide gives the cause-by-cause penalty table, the 30-day impound rule, and the knowledge rule.
| Reinstatement cost | Amount |
|---|---|
| DMV reissue fee (adult) | $125 |
| DMV reissue fee (under 21, zero-tolerance) | $100 |
| SR-22 filing (insurer files with DMV) | Varies by insurer; must be maintained 3 years |
| DUI program | Varies by county and program length |
| IID installation + monthly (if required) | ~$50–$170 install + ~$60–$120/month (vendor-dependent ranges) |
| Court fines and fees | $390–$1,000 base fine plus assessments (county-dependent totals) |
Step-by-step forms, office visits, and timelines: suspended license reinstatement guide (publishing shortly) and our SR-22 California guide.
Mistakes That Cost People Their Licenses
These come straight from the questions real drivers ask attorneys after a DUI arrest — and from what the DMV’s own rules punish:
- Missing the 10-day hearing deadline. The single most common and most expensive mistake. The pink order looks like a temporary license (it is), so people file it away — and the suspension takes effect by default. Request the hearing through a Driver Safety Office within 10 calendar days, even if you plan to hire a lawyer later.
- Assuming the court case controls everything. Getting the criminal charge reduced or dismissed does not automatically undo the APS suspension. Handle the DMV track separately. See the dismissed-case fork: what a DUI dismissal does — and does not do — at the DMV.
- Refusing the test to “protect” the case. Refusal buys you a longer DMV suspension (1–3 years), a longer DUI school, and a prosecutor who will argue consciousness of guilt.
- Driving before the DMV reissues your license. The suspension ending and your license being reissued are two different events. Driving in between is a misdemeanor (CVC §§14601–14601.5).
- Letting the SR-22 lapse. Three years means three continuous years. A cancelled policy can trigger a fresh suspension.
- Trusting stale penalty tables. Many ranked pages still say a third DUI is a misdemeanor-only or that a fourth is the automatic felony — both are superseded by AB 1546 from January 1, 2027. Check the date on anything you read.
- Ignoring the under-21 rules. At 0.01% there is no “I felt fine” defense — any measurable alcohol means a 1-year suspension.
Frequently Asked Questions
What is the legal BAC limit for DUI in California?
0.08% for drivers 21 and over, 0.04% for commercial-vehicle drivers, and 0.01% for drivers under 21 (“zero tolerance” — any measurable alcohol). Drivers under 21 face an infraction at 0.05% and a standard DUI charge at 0.08%+. California can also charge impairment-based DUI below the limit under CVC §23152(a) and (f), including for prescription or over-the-counter drugs.
What are the penalties for a first-offense DUI in California?
A first DUI (no injury, no priors in 10 years) is a misdemeanor: 96 hours to 6 months in county jail, a $390–$1,000 base fine (penalty assessments push real-world court totals to roughly $1,900–$2,400+, county-dependent), 3–5 years probation, a 6-month court license suspension (10 months if BAC was 0.20%+), and a 3-month/30-hour DUI school (9-month/60-hour if BAC was 0.20%+ or you refused the test).
How long is my license suspended for a first DUI — 4 months or 6 months?
Both — different tracks. The DMV’s APS suspension is 4 months (starts ~30 days after arrest). The court’s suspension on conviction is 6 months (10 months if BAC exceeded 0.20%). Per the DMV’s official flyer, the conviction-based suspension “may run concurrently” with the APS suspension — so the total is roughly the longer of the two, not 4 + 6 stacked.
What is the difference between the DMV’s APS suspension and the court’s license suspension?
They are separate proceedings. The DMV’s Administrative Per Se action is decided by a hearing officer on a preponderance standard and concerns only your driving privilege; it starts at arrest. The criminal case is decided by a judge or jury beyond a reasonable doubt and can impose jail, fines, and probation. Resolving one does not automatically resolve the other — you must handle both.
How do I request a DMV APS hearing, and what is the 10-day deadline?
Contact a local Driver Safety Office within 10 calendar days of receiving the pink suspension order (DS 367) — weekends and holidays count. If you request in time and the DMV can’t hear and decide your case before the effective date, it stays the suspension and extends your temporary license. Miss the deadline and the suspension takes effect as scheduled; a late request is possible but there is no stay.
What happens if I miss the 10-day DMV hearing deadline?
The suspension takes effect automatically after the 30-day temporary license expires. You can still try a late hearing request (for example, for good cause), but the suspension runs while you wait — there is no stay. An IID-restricted license may still be available during the suspension, and you should act immediately rather than waiting it out. Our APS hearing guide covers the 10-day request process, the issues the DMV decides, and what a late request can still do.
Can I get a restricted license after a DUI, and do I need an ignition interlock device?
Yes. A first offender can get an IID-restricted license immediately during an APS suspension — no 30-day wait — by enrolling in a DUI program, filing an SR-22, installing a certified IID (form DL 920), and paying the reissue fee. Alternatively, wait 30 days and apply for a restricted license limited to work and the DUI program. Second offenders can apply after 1 year; third-and-subsequent offenders are not entitled to any restricted license.
What happens if I refuse a breath or blood test after a DUI arrest?
Refusal triggers a harsher APS ladder: 1-year suspension (first), 2-year revocation (second in 10 years), 3-year revocation (third+). On conviction, refusal also upgrades DUI school to the 9-month/60-hour program, and prosecutors may argue refusal as consciousness of guilt. The 10-day hearing deadline applies to refusals exactly the same way.
What are California’s new 2026 DUI laws?
Four bills signed September 25, 2026: SB 907 (Braun’s Law) — the Watson murder advisement must now be given when a DUI is pled down to a lesser offense, plus tougher hit-and-run tiers; AB 1546 — a 3rd DUI in 10 years becomes a wobbler and a new 5th tier (4+ priors) becomes a straight felony; AB 1685 — gross vehicular manslaughter while intoxicated goes from 2 to 3 DMV points; AB 1687 (Irene’s Law) — injury-DUI with 4+ priors brings a 72-month revocation. SB 907 and AB 1546’s core take effect January 1, 2027; AB 1685 and AB 1687 take effect January 1, 2031.
How long does a DUI stay on my California driving record, and what is the 10-year lookback?
Two different clocks. The 10-year prior-offense lookback counts convictions to set your penalty tier (a second DUI within 10 years gets second-offense penalties). Separately, the DMV discloses conviction and accident abstracts for 10 years (CVC §1808). Insurance surcharges beyond that are carrier-dependent. A DUI also stays priorable — a wet-reckless plea-down counts as a prior for 10 years too.
What is an SR-22, and how long must I carry it after a DUI?
An SR-22 (California Insurance Proof Certificate) is a filing your insurer makes with the DMV proving you carry liability insurance — it’s not itself insurance. After a DUI you must maintain it for 3 continuous years from reinstatement or restriction. The insurer must be licensed in California, and if the policy lapses the DMV can suspend your license again. See our SR-22 California guide.
What steps and fees do I need to reinstate my license after a DUI suspension?
Serve the suspension; complete the DUI program; file an SR-22 for 3 years; pay the $125 reissue fee ($100 if under 21); clear any IID requirement (form DL 920); and get the DMV’s official reissue — reinstatement is never automatic, and driving before reissue is a misdemeanor. Full step-by-step: suspended license reinstatement (publishing shortly) and suspended license.
Related Guides
Read the Official DMV DUI Page
The DMV’s own page covers APS suspensions, hearings, restricted licenses, and reinstatement. Start there for the official process — then come back here for the plain-English walkthrough.
Official DUI info on dmv.ca.gov →Last verified against dmv.ca.gov and leginfo.legislature.ca.gov: October 23, 2026. Laws change — confirm current law on the California Legislative Information site or with a California criminal defense lawyer before acting.