First DUI in California
What to expect, what it costs, and how to get your license back — step by step
What Happens When You're Arrested
If this is your first DUI arrest in California, here's what typically happens:
- Field Sobriety Tests — The officer asks you to perform tests (walk-and-turn, one-leg stand, eye tracking)
- Chemical Test — Breathalyzer at the scene, then a second test at the station (breath or blood)
- Arrest & Booking — You're taken to the station, booked, and typically released after a few hours
- License Confiscation — Your physical license is taken. You receive a pink temporary license (valid 30 days)
- Court Date Set — You receive a court appearance date, usually 4-8 weeks out
⚠️ Immediate Action Required
You have 10 days to request a DMV hearing. Don't wait. Learn about the DMV hearing process →
First DUI Penalties in California
| Penalty | Standard (BAC < 0.20%) | High BAC (≥ 0.20%) |
|---|---|---|
| Jail Time | 48 hours to 6 months | 48 hours to 6 months |
| Fines | $390 - $1,000 + penalties | $390 - $1,000 + penalties |
| License Suspension | 6 months (court) / 4 months (DMV) | 6 months (court) / 4 months (DMV) |
| DUI Program | 3-month program | 9-month program |
| IID (SB1046) | 6 months | 6 months |
| Probation | 3-5 years | 3-5 years |
| SR-22 Required | 3 years | 3 years |
Total fines with penalty assessments typically reach $1,800 - $2,600 for a first offense.
Your Reinstatement Timeline
Request DMV Hearing
Call (800) 777-0133 immediately. Request a stay of suspension.
Suspension Begins (if no hearing requested)
Without a hearing request, your license is automatically suspended.
Court Appearance
Attend your court date. Plead or negotiate with the prosecutor.
Enroll in DUI Program
Enroll in a state-licensed DUI program (3 or 9 months).
Get SR-22 Insurance
File SR-22 with the DMV through your insurance company.
Apply for Restricted/IID License
With SR-22 and DUI program enrollment, apply for driving privileges.
Pay $125 Reinstatement Fee
Complete all requirements and pay the DMV reinstatement fee.
Full License Restored
If all requirements met on time, most first-time offenders are fully reinstated within 4-6 months.
License Suspension & Driving Options
After a first DUI, you have several options to continue driving legally:
🔧 IID License (Recommended)
Install an IID for 6 months → drive anywhere, anytime (unrestricted).
Requirements: SR-22, DUI program enrollment, IID installation proof, $125 fee.
🚗 Restricted License
After 30-day hard suspension → drive to work and DUI class only.
Requirements: SR-22, DUI program enrollment, $125 fee.
Most first-time offenders choose the IID license because it allows unrestricted driving. The IID costs approximately $70-150 to install and $60-80/month to maintain.
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DUI Program Requirements
For a first DUI, you'll be ordered to complete either a 3-month or 9-month DUI program:
3-Month Program (AB541)
- • 30 hours total
- • BAC under 0.20%
- • Weekly group sessions
- • Individual counseling
- • Cost: $500-$700
9-Month Program (AB1353)
- • 60 hours total
- • BAC 0.20% or higher
- • Weekly group sessions
- • Individual counseling
- • Cost: $800-$1,200
IID Requirements Under SB1046
Under SB1046, first-time DUI offenders in ALL California counties must install an IID for 6 months if they want unrestricted driving privileges during their suspension.
- Device cost: $70-$150 installation + $60-$80/month maintenance
- Must get calibrated every 60 days at an approved service center
- Must blow into the device before starting your car and during random "rolling retests"
- Any failed test or tampering extends your IID requirement
Total Cost Breakdown
| Expense | Estimated Cost |
|---|---|
| Court fines & penalty assessments | $1,800 - $2,600 |
| DUI program (3-month) | $500 - $700 |
| SR-22 insurance increase (3 years) | $1,800 - $7,200 |
| IID (6 months) | $430 - $630 |
| DMV reinstatement fee | $125 |
| Towing & impound | $500 - $2,000 |
| Bail bond (if needed) | $0 - $5,000 |
| Total Estimated | $5,155 - $18,255 |
Frequently Asked Questions
Will a first DUI go on my permanent record?
A DUI conviction stays on your California driving record for 10 years and on your criminal record permanently (unless expunged). You may be eligible for expungement after completing probation.
Can I refuse the breathalyzer test?
You can refuse, but refusal triggers an automatic 1-year license suspension (vs 4 months for a failed test). California's implied consent law means refusing carries separate penalties.
Will I go to jail for a first DUI?
Most first-time offenders with no injuries spend only a few hours in custody after arrest. Jail time beyond the initial arrest is rare for first offenses, though judges can sentence up to 6 months.
Can I get my DUI reduced to a wet reckless?
Possibly. A "wet reckless" (VC 23103.5) is a common plea bargain for first offenses with lower BAC levels. It carries lighter penalties but still counts as a prior DUI for future offenses.