If I ask for a DMV hearing, does that stop my criminal court case?

No. California DMV says the DMV hearing is an administrative proceeding about your driving privilege, while the criminal case is separate in court.

What happens if I refuse the chemical test in California?

For drivers 21 and older, California DMV says a first refusal causes a 1-year suspension, a second refusal within 10 years causes a 2-year revocation, and a third or later refusal within 10 years causes a 3-year revocation.

If my DUI charge is reduced in court, does that automatically undo the DMV suspension?

No. California DMV says a reduction of a DUI charge to reckless driving does not affect the administrative suspension. DMV also says an acquittal can reverse the DMV action only if DMV determines the court result is in fact an acquittal.

Can I use an online-only DUI class to satisfy California requirements?

No. DHCS says internet DUI programs are not licensed in California and do not meet California DUI program requirements.

Do drug-only DUI arrests trigger the same APS suspension as alcohol DUIs?

Not automatically. California DMV's drug-only offender flyer says drug-only offenders are not subject to an administrative license suspension upon arrest under APS laws, even though they can still face conviction-based suspension or revocation.

State service guide

California DUI laws: APS suspension, chemical test refusal, IID paths, and what stays court-specific

A strong California DUI page should explain that one arrest can trigger two separate tracks: the DMV's Administrative Per Se action against driving privileges and the criminal court case. The most useful California-specific details are the 10-day DMV hearing deadline, the 30-day temporary license window, the sharper penalties for chemical test refusal, the difference between first-offender and repeat-offender IID options, the requirement to use a state-licensed DUI program, and the fact that many final outcomes still depend on the exact court charge, injury status, prior history, and plea or trial result.

Open official source View California services

DMV hearing deadline Request a DMV hearing within 10 days of the suspension or revocation order

Temporary license The arrest-side temporary license is generally valid for 30 days

First APS alcohol suspension 4 months for a first 0.08% BAC arrest-side APS action

First refusal penalty 1-year suspension for refusing or failing to complete the chemical test

Overview

What this page helps you verify

California DUI content should not be written like one generic penalty chart. California's official materials separate arrest-side APS consequences, conviction-side suspension or revocation, IID eligibility, DUI program requirements, and court proceedings. The best version of this page should help a reader answer four practical questions fast: whether DMV action already started, whether a refusal made things worse, whether an IID or work-and-treatment restriction is available, and which issues are too case-specific to promise in a statewide article.

Last reviewed: 2026-05-16. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Official link

California DMV: Driving Under the Influence (DUI)

This page has been upgraded with a service-specific official source while keeping the USA.gov jurisdiction directory as the broader agency reference.

https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

View the USA.gov directory entry

Usually needed

Documents and information to prepare

The Order of Suspension and Temporary Driver's License served after arrest, often referenced by DMV as DS 367 or DS 367M
Proof of enrollment in a California state-licensed DUI program when applying for eligible restrictions
Proof of financial responsibility, typically an SR 22 filed with DMV
Proof of IID installation on form DL 920 if applying for an IID-based restriction
Proof of completion of the required DUI program for full reinstatement after conviction-side requirements are finished
Any court IID order or court monitoring paperwork if the criminal court separately ordered IID installation
For a DMV hearing, any evidence or records supporting why the APS action should be set aside

Typical flow

What the process often looks like

After a DUI arrest, treat the DMV action and the criminal case as separate tracks immediately. California DMV says the APS action starts from the arrest paperwork, not from the eventual court result.
If you want to challenge the APS action, request a DMV hearing within 10 days of receiving the suspension or revocation order.
Check whether your case is a non-refusal alcohol case, a refusal case, a repeat case, an injury case, or a drug-only case, because California uses different restriction and reinstatement paths for each.
If you are eligible to keep driving on a restriction, gather proof of enrollment in a California state-licensed DUI program, proof of insurance, and IID proof if your path requires it.
Use only a California state-licensed DUI program. DHCS says internet-only DUI classes do not satisfy California DUI program requirements.
For full reinstatement, clear all outstanding suspensions or revocations, complete the required DUI program, keep proof of insurance on file for the required period, and pay the applicable DMV reissue or restriction fees.

Two tracks

A California DUI arrest can create a DMV case and a criminal case at the same time

This is the main point many generic DUI pages miss.

California DMV says APS is an immediate administrative action against your driving privilege, independent of any court-imposed jail sentence, fine, or other criminal penalty.
DMV says the driver generally gets a 30-day temporary license and has 10 days to request a DMV hearing.
California Courts explains that criminal cases do not all follow one path: many cases resolve through plea agreements, some go to trial, and sentencing depends on what charges remain and how the case resolves.
A California DUI article should therefore separate arrest-side license consequences from conviction-side court outcomes instead of blending them into one checklist.

APS and refusal

Chemical test refusal is one of the biggest administrative escalators in California

California's official DUI page is specific about what counts as refusal and what it does to a license.

For drivers 21 and older, DMV says a first APS alcohol case with a qualifying test result leads to a 4-month suspension, while a second or subsequent APS offense within 10 years leads to a 1-year suspension.
If a driver 21 or older refuses or fails to complete the required blood or breath test, DMV says the penalty jumps to a 1-year suspension for a first offense, a 2-year revocation for a second offense within 10 years, and a 3-year revocation for a third or subsequent offense within 10 years.
DMV also says a urine test is generally unavailable unless drugs are suspected, blood or breath is unavailable, or the driver has specific medical circumstances such as hemophilia or anticoagulant use.
Refusal should be treated as a separate high-risk branch in the page structure, not a side note.

IID and restricted driving

IID and restricted-license options depend on offense type, refusal status, and whether the case is at the arrest or conviction stage

California's public materials split these options more carefully than most competitor pages do.

For a first non-injury, non-refusal APS alcohol case, DMV says the driver may apply immediately for an IID restriction for up to 4 months, or after serving 30 days may apply for an employment-and-treatment restriction for up to 5 months.
For repeat non-refusal APS alcohol cases, DMV says the driver may apply immediately for an IID restriction for up to 1 year.
On the conviction side, DMV's statewide IID program says repeat offenders and injury-involved alcohol or alcohol-plus-drug offenders face mandatory IID installation periods ranging from 1 to 4 years depending on priors and injury status.
DMV's first-offender and repeat-offender flyers also make clear that court-ordered IID requirements and DMV restriction options can overlap, and that credit may be available for IID time already served during the APS period.

DUI school and reinstatement

California ties reinstatement to licensed DUI programs, insurance proof, and clearing the right suspension track

The reinstatement path is operational, not just legal.

The California Driver Handbook says a DUI conviction requires completion of a DUI program, filing an SR 22 or SR 1P, paying applicable reissue or restriction fees, and possibly installing an IID.
DHCS says California DUI programs must be state-licensed and that internet-only DUI classes do not meet California's program requirements.
DMV's first-offender and repeat-offender materials say full reinstatement generally requires proof of DUI program completion, proof of insurance, service of the suspension or required restriction term, and clearing all other outstanding suspensions or revocations.
A good article should explain that enrollment may be enough for some restriction requests, but full reinstatement usually requires completion.

High-level only

Court penalties should stay high-level because California outcomes are charge- and case-specific

This is where statewide content tends to overclaim.

California Courts says criminal cases may resolve by plea, dismissal, or trial, and not every case goes through the same sequence.
The California Driver Handbook says a DUI conviction may lead to jail, fines, vehicle impoundment, and other consequences, but it does not present one universal outcome for every case.
DMV's own restriction flyers repeatedly warn that many factors influence a DUI proceeding.
A California DUI article should therefore avoid overpromising exact jail, fine, probation, or plea outcomes outside very high-level framing.

Drug-only nuance

Drug-only DUI should not be flattened into the standard alcohol APS workflow

California's own drug-only flyer draws an important distinction.

DMV's drug-only offender flyer says that if the offense involved only drugs and no alcohol, the driver is subject to suspension or revocation upon conviction in court.
That same flyer says drug-only offenders are not subject to an administrative license suspension upon arrest under APS laws.
Restriction eligibility for drug-only offenders is narrower and depends on offense level, injury status, and how much suspension or revocation time has already been served.
This distinction is important enough to deserve separate copy, not just a footnote.

Accuracy notes

Where people get tripped up

Do not collapse APS arrest consequences, conviction-based consequences, and court sentencing into one penalty chart. California treats them as related but separate tracks.
Keep refusal language precise. California DMV distinguishes ordinary test-result APS actions from refusal actions, and refusal materially changes the suspension or revocation length.
Do not flatten drug-only DUI into the alcohol workflow. California DMV separately states that drug-only offenders are not subject to APS arrest suspensions under the same rules.
Keep DUI school language precise: California requires a state-licensed DUI program, and DHCS says internet-only programs do not qualify.
Court penalties should stay high-level unless the page is narrowly scoped by offense level and injury status, because plea outcomes, priors, BAC facts, injury facts, and local court orders change the result.

FAQ

Common questions

If I ask for a DMV hearing, does that stop my criminal court case?
No. California DMV says the DMV hearing is an administrative proceeding about your driving privilege, while the criminal case is separate in court.
What happens if I refuse the chemical test in California?
For drivers 21 and older, California DMV says a first refusal causes a 1-year suspension, a second refusal within 10 years causes a 2-year revocation, and a third or later refusal within 10 years causes a 3-year revocation.
If my DUI charge is reduced in court, does that automatically undo the DMV suspension?
No. California DMV says a reduction of a DUI charge to reckless driving does not affect the administrative suspension. DMV also says an acquittal can reverse the DMV action only if DMV determines the court result is in fact an acquittal.
Can I use an online-only DUI class to satisfy California requirements?
No. DHCS says internet DUI programs are not licensed in California and do not meet California DUI program requirements.
Do drug-only DUI arrests trigger the same APS suspension as alcohol DUIs?
Not automatically. California DMV's drug-only offender flyer says drug-only offenders are not subject to an administrative license suspension upon arrest under APS laws, even though they can still face conviction-based suspension or revocation.

Sources

Official references used for this page

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