What is Driving Under the Influence? Driving under the influence (DUI) is a term used for being legally intoxicated or impaired while operating a motor vehicle. The threshold for legal intoxication is typically when a breath, blood or urine test registers a blood alcohol content of 0.08%. Minors under the legal drinking age may be declared under the influence at a lower BAC percentage. Similarly, law enforcement may arrest a motorist for being impaired even when their BAC is lower than 0.08%.

 "What will happen to me in the California courts on my first offense for DUI?"

If you talk to any of the DUI attorneys in California, there are all sorts of variables they will consider. Whether you got a DUI in Los Angeles or a DUI in San Diego, they usually will not give you a clear answer. Typically, first time DUI involves fines, 3 years informal probation, First Offender School (12 hrs/ 32 hrs / 45 hrs (3 month or 6 months) depending on blood alcohol levels, and once the DMV receives notice of conviction - 6 Months license suspension.

If the DUI charge is reduced to a 'wet reckless' the fine is lower and the course is only 12 hours. BUT if you want a restricted license, the DMV requires a completion certificate for a first offender program. A first offender program is 3 months long (sometimes the county makes it 4 months long). So, here is the catch 22. The court tells you to do a 12 hours program BUT the DMV has no forms for a 12 month program and only accepts completion forms for a 32 hour program! Get it? If you've got a 'wet-reckless' then you have to complete a 3 month program to get your license from the DMV in California! A DUI lawyer can help you out with this.
This is in addition to the four months immediate DMV suspension that starts 30 days after your DUI stop.

The Complication of a California DUI

These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. When this happens what happens to your license gets ever more 'complicated'. And the reverse is true, people are innocent in the court and yet still have a license suspension with the DMV.

With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after your DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class.

The only 'draw back' to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of a DUI or a wet reckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed Proof of Insurance SR-22 and pay $100) to get your license returned.

California DMV Hearing

The suspension will be stayed for six months or until the hearing is held. Per the California DUI laws, the driver will have a license BUT if the person loses the hearing (and most do since only 7% of the licenses are returned!) then the 4 month suspension will go into effect and after a hard 30 days suspension a 5 month restricted license, driving to and from work, could beissued.