What Happens When You Get A DUI in California? 2025

A DUI is a serious offense in California that has strict laws and penalties related to it. Whether you are a resident or visitor, you should familiarize yourself with DUI laws and know what happens when you get a DUI in California.

A DUI Lawyer Who Provides Personalized Attention

Since a DUI remains on your criminal record, it may be wise to hire a DUI lawyer to help with your case rather than attempting to tackle it alone. At The Law Office of Victor Nasser, we have considerable experience litigating DUI cases with dedication, empathy, and personalized attention. Victor Nasser has diverse professional experience and has litigated a range of criminal cases in California.

California DUI Laws

Overall, DUI cases in California have decreased over the years, but there was still a DUI arrest rate of 357 per 100,000 people in 2020, and there were 88,043 DUI convictions the year before. A person is considered to be driving under the influence if they drive while impaired by alcohol, drugs, or even some prescription medications.

A DUI is a misdemeanor in California pursuant to California Code VEH § 23152 unless you commit a DUI felony, such as causing serious bodily injury or death, or being a repeat offender in some cases. Specifically, you may be arrested for a DUI if:

• Your blood alcohol content (BAC) is 08% or higher if you are over 21 years old
• It is 0.01% or higher if you are under 21 years old
• It is 0.01% or higher if you are on probation for a DUI, regardless of your age
• You are a commercial driver, and your BAC is 0.04%
• You are driving a passenger for hire, and your BAC is 0.04% or higher

What Happens When You Get a DUI in California?

If you get arrested for a DUI in California, it is likely because your BAC was above the legal limit according to a breathalyzer or chemical test. You will typically have your license taken at the scene and immediately suspended. The arresting officer will notify the DMV of the suspension or revocation in some cases, and you will be issued a temporary license that lasts for 30 days.

You have 10 days to request a hearing to get your license back, and if you do not request one in that time frame, your license may be suspended for a longer period of time.

Under California’s Implied Consent Law, per California Code VEH § 23612, you may also have your license immediately suspended if you refuse a chemical, blood, or breath test during a DUI arrest. Hiring a DUI attorney may go a long way toward helping you get your license back if suspended.

Penalties for a DUI in California

Because a DUI is a misdemeanor offense, you may have to serve up to 6 months in jail and pay a significant fine for your first offense. However, in some cases, you may only be required to serve probation. You may also face penalties if you are between 13 and 20 and are arrested for driving a bicycle while under the influence. Other penalties include the following:

• Being required to enroll in a DUI program
• Being required to install an ignition interlock device on your vehicle
• Having your license suspended for 4 months
• Being required to file a special document with your insurance called an SR-22/SR-1P

How a DUI Lawyer Can Help

In addition to the aforementioned penalties, a DUI remains on your permanent criminal record, which could interfere with your ability to obtain employment, housing, and educational opportunities. The optimal way to avoid these consequences is to reach out to a DUI attorney to assist you with your case.

A thorough DUI lawyer can investigate your case and create a strategy and legal defense that reduces your charges or possibly has your case dismissed. Your lawyer can also help you get your license reinstated, which is crucial if you rely on transportation to and from work, home, or school.

If you are facing DUI charges, it is crucial to have an experienced attorney by your side to protect your rights and future. The Law Office of Victor Nasser specializes in DUI defense and can thoroughly investigate your case, develop a strong legal strategy, and work to reduce or dismiss your charges. Victor Nasser also assists clients with license reinstatement, helping you regain your mobility and maintain your daily routine. Contact the Law Office of Victor Nasser today to schedule a consultation and get the dedicated legal support you need.

FAQs

Q: What Is the Penalty for a First DUI in California?

A: The penalty for a first DUI is generally a combination of jail time and fines, probation, and fines, or all three, depending on the circumstances. Specifically, you could serve up to 6 months in jail and pay up to $1,000 in fines. You may also get your license suspended, be ordered to perform community service, and enroll in a DUI program.

Q: Do You Lose Your License Immediately After a DUI in California?

A: Yes, you may lose your license immediately after a DUI in California. An officer may decide to retrieve your license and notify the DMV of your license suspension, in which case you may be provided an Order of Suspension. You will likely be provided a temporary license and have to schedule a hearing to get it reinstated.

Q: What to Expect on Your First DUI Court Date in California?

A: At your first DUI court date, you can expect to be informed of the charges against you and may enter a plea of guilty, not guilty, or no contest. Depending on your plea, you may be sentenced or proceed to take your case to trial. If you go to trial, it is wise to hire a lawyer to help defend your case and possibly get your charges mitigated or your case dismissed altogether.

Q: Can a First-Time DUI Be Dismissed in California?

A: Yes, in some cases, a DUI can be dismissed in California. This largely depends on the details surrounding your situation, your lawyer’s skills, whether there were issues or legal errors pertaining to your arrest, and the court’s discretion. You may also be sentenced to an alternative, such as a DUI program, probation, or community service.

Hire an Experienced DUI Lawyer Today

A DUI is not only a serious offense, but it also appears on your criminal record, which can interfere with your obtaining a range of opportunities. At The Law Office of Victor Nasser, we are equipped to handle your case with careful attention, empathy, and extensive legal knowledge. Contact us today for a consultation and learn how we can help you.