An arrest for an alcohol-related DUI in California triggers two kinds of legal proceedings:

1. An administrative hearing at DMV to decide whether your license will be suspended; and
2. A prosecution at court to determine whether you committed a crime.

Suspension of your license is the only penalty the DMV can impose. The DMV decision is separate from and cannot affect the court case.

At court, there are several ways your case could resolve:

• A plea of guilty or no contest to a DUI.
• A plea to a reduced charge.
• A dismissal.
• A trial resulting in a verdict.

If you are convicted of a DUI at court (as the result of either a plea or a conviction at trial) and you have no previous DUI convictions, you will suffer the following penalties:

1. Three to five years of informal (non-reporting) probation.
2. An alcohol education program (“DUI school”) of at least thirty (30) hours, costing hundreds of dollars.
3. Fines and fees totaling approximately $2000.00.
4. A suspension of your license of at least six months (but you should be able to get a restricted license right away).
5. Possible mandatory installation of the ignition interlock device (IID).
6. A “jail” sentence which can usually be served out-of-custody in the Work Alternative Program.  Depending on the circumstances, this sentence can be anywhere from a few days to a few weeks.  The law says that the maximum penalty for a first DUI is six months.  I have never seen anyone receive a sentence for a first time DUI that was anywhere close to that (unless there was an accident with significant injury).
7. Indirect consequences, which may include increased car insurance costs, harsher penalties if convicted of another DUI, difficulty entering Canada, and impact on your present and future employment opportunities.
8. Immigration consequences, if you are not a U.S. citizen, including deportation, denial of naturalization, or exclusion from admission to the United States.

Typical terms of informal probation include:

1. You must obey all laws.
2. You must not drive with ANY alcohol in your system.
3. You must submit to blood and/or breath tests at the request of any police officer.
4. You may be required to install the IID.

If your license is suspended, you can usually get a restricted license right away if you:

1. Enroll in the DUI school.
2. Get an SR-22.  This is a certificate your insurance company provides that proves you carry your state's minimum requirement of liability insurance. While many people believe an SR22 is insurance coverage itself, it's the documentation that proves you are insured to drive.

There are two kinds of restricted license in California:

1. An IID restriction which allows you to drive as much as you want if you install the ignition interlock device in your vehicle.
2. A “work-only” restriction which only allows you to drive for work-related purposes, after an initial 30-day “no drive” period.

These are the standard consequences of a first DUI conviction. In most cases, your best shot at avoiding all these potential consequences is to go to trial and get not guilty verdicts from twelve jurors. But trials are time-consuming and expensive. Therefore, a jury trial is usually the last resort.  Whether to go to trial is always your decision.

DMV hearings are conducted via telephone.  Most of the time, you do not need to participate in the hearing.  Your attorney can usually handle the hearing without you. DMV hearings rarely happen on the first date they are scheduled.  Your hearing will probably be postponed at least once and possibly several times.

This article explains what happens with a first-time DUI with no injuries and with no allegation that you refused to take a blood or breath test.  If you have a prior DUI conviction, if there was an accident causing injury, or if the police say you refuse post-arrest testing, there are different consequences.

Remember: In a DUI case, there are two possible suspensions.  One stems from a conviction for a DUI at court.  One stems from losing, cancelling, or failure to request the DMV hearing.  That one carries a possible 30-day “no-drive” period.   The DMV case and the court case are separate procedures, each with their own specific rules and regulations.  An experienced DUI attorney should be able handle both for you. Contact us today to learn more.