First-Time DUI Penalties in California: What You Actually Face

What Can Happen After a First DUI in California?

This guide concerns a first-offense scenario. Injury charges, a prior felony DUI, commercial driving, or other allegations may produce different consequences. For representation, see our first-time DUI defense page.

Court Penalties and DMV Action Are Different

The criminal court decides the charge and any sentence. DMV separately decides administrative driving privileges and licensing consequences after a conviction. Winning one proceeding does not automatically resolve the other.

Before evaluating a proposed resolution, ask your attorney to explain each part: any custody term or alternative, probation conditions, fines and assessments, program requirements, driving restrictions, and the consequences of noncompliance. A generic online price or penalty range cannot describe every case.

The 10-Day DMV Hearing Deadline

Request an APS hearing within 10 calendar days of receiving the suspension or revocation order. If you received the notice at arrest, count from your arrest date. A qualifying temporary license generally lasts 30 days from issuance. Read your actual notice, and confirm your driving status before driving. A hearing request by itself is not permission to drive.

For an adult who completed a chemical test with a BAC of at least 0.08%, a first APS offense generally carries a four-month suspension. A first qualifying test refusal generally carries a one-year suspension. Those are different rules. Under-21 and commercial-driver rules also differ. See our DMV hearing guide.

Can You Obtain a Restricted License?

DMV offers different restriction routes for eligible drivers. An ignition interlock device restriction is different from a restriction for employment and an approved program. Requirements may include proof of insurance, program enrollment, installation documentation, and fees. Refusal findings and other circumstances can limit eligibility.

Do not assume that paying a fee or installing a device restores your license. Confirm the route and effective authorization directly with DMV. Our California IID guide explains the current program.

What Costs Should You Budget For?

Ask for written information about attorney fees, court assessments, approved-program fees, DMV fees, insurance, and any IID installation and monitoring costs. Time away from work and transportation can also matter. Insurance premiums and provider fees vary, so a promised universal total would be misleading.

What Should You Bring to a Consultation?

• Court and release paperwork, including the next appearance date.
• The DMV notice and the date you received it.
• Information about any chemical test or alleged refusal.
• Available recordings, photographs, and witness contact details.
• Questions about your job, license, and other case-specific concerns.

Preserve evidence and avoid discussing case details publicly. A consultation can identify the immediate deadlines, evidence to request, and options worth evaluating. Contact JackDUI to discuss your next steps.

Sources and Further Reading

• California DMV: DUI hearings and suspension rules
• California DMV: first-offender non-injury restriction options
• California Courts: criminal court overview

Updated October 13, 2026. General information, not advice for a particular case. Laws, deadlines, and eligibility depend on the circumstances; discuss your case with a licensed attorney.