What Do California DUI Legal Terms Mean? The Complete California DUI Glossary
67 California DUI Terms Defined Under California Law. Reviewed by a Former Los Angeles Prosecutor With 27+ Years of Experience.
Last updated: November 2026 | Reviewed by Richard Wagner, former Los Angeles prosecutor
After a DUI arrest, you will hear words like APS, PAS, priorable, wobbler, and Title 17 from officers, the DMV, prosecutors, and judges, usually without explanation. This glossary defines more than 65 terms used in California DUI cases, from the moment an officer turns on the lights to the day a conviction is expunged. Every definition is based on the California Vehicle Code, Penal Code, and court decisions, and explains how the term plays out in Orange County courts. If you are facing a charge right now, working with an experienced DUI Lawyer Orange County early in the process can make a critical difference in the outcome of your case.
Most online legal dictionaries define DUI terms generically or under another state’s law. California DUI law has its own vocabulary, its own deadlines, and its own rules, and a definition that is correct in Texas or Florida can be wrong here.
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California DUI Glossary: Key Takeaways
- A California DUI creates two separate cases: a criminal case in court and an administrative case at the DMV. Each has its own terms, deadlines, and outcomes.
- California has four per se BAC limits: 0.08% for most drivers, 0.04% for commercial drivers and drivers with a passenger for hire, and 0.01% for drivers under 21 and drivers on DUI probation.
- The roadside PAS breath test and field sobriety tests are voluntary for most adults. The post-arrest chemical test is not.
- You have 10 days from the arrest to request a DMV hearing, or your license suspension takes effect automatically.
- A wet reckless reduction still counts as a prior DUI if you are arrested again within 10 years.
- Expungement under Penal Code 1203.4 does not remove a DUI from your DMV record or stop it from counting as a prior.
- New 2026 laws, including Braun’s Law and AB 1546, change Watson advisements and repeat DUI penalties starting January 1, 2027.
You only have 10 days to request a DMV hearing after a DUI arrest. Missing this deadline can result in an automatic license suspension. Speak with an experienced Orange County DUI attorney immediately to protect your driving privileges.
Call (714) 721-4423 now to protect your license and your rights.
How to Use This California DUI Glossary
Terms are organized by the stage of a DUI case where you are most likely to encounter them. Read straight through to understand the full process, or jump directly to a single term using the stage buttons or the A to Z index below.
Jump to a Stage
- Stage 1: The Traffic Stop and DUI Investigation
- Stage 2: Chemical Testing and Evidence
- Stage 3: The DMV Case and Your Driver’s License
- Stage 4: DUI Charges and Sentence Enhancements
- Stage 5: The Orange County Court Process
- Stage 6: Sentencing, Probation, and Clearing Your Record
- Stage 7: New Terms From 2026 California DUI Legislation
A to Z Index of California DUI Terms
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V
Stage 1: The Traffic Stop and DUI Investigation
Every DUI case begins with a stop. These terms describe the legal standards officers must meet and the roadside tests used to build the case for arrest.
Reasonable Suspicion
The legal standard an officer must meet before pulling you over. In California, the officer needs specific, articulable facts suggesting a traffic violation or crime, such as weaving, speeding, or an equipment violation. A hunch is not enough. Every DUI case starts by asking whether the stop itself was lawful.
Probable Cause to Arrest
The higher standard required to arrest you for DUI. The officer must have enough facts to lead a reasonable person to believe you were driving under the influence. In California DUI cases, probable cause is usually built from driving pattern, observed symptoms, admissions, field sobriety test performance, and a preliminary breath result.
Driving (Legal Definition)
California requires proof that you actually drove, meaning you caused the vehicle to make a volitional movement. Sitting in a parked car with the engine running, or sleeping in the driver’s seat, is not automatically “driving” under California law. Prosecutors often rely on circumstantial evidence, such as a warm engine or a car stopped in a traffic lane, to prove movement.
Sobriety Checkpoint (DUI Checkpoint)
A roadblock where officers stop drivers without individual suspicion to screen for impairment. California allows checkpoints only if they follow the guidelines set by the California Supreme Court, including supervisory decision making, neutral selection of vehicles, safety measures, reasonable location and timing, visible signs of official authority, and minimal detention time. Advance publicity is a relevant factor but not strictly required.
Field Sobriety Tests (FSTs)
Roadside physical and mental exercises officers use to look for signs of impairment. The three standardized tests are the horizontal gaze nystagmus test, the walk and turn, and the one leg stand. Officers also use non-standardized tests such as the finger to nose and the Romberg balance test. In California, adult drivers who are not on DUI probation are not legally required to perform them.
Horizontal Gaze Nystagmus (HGN)
An involuntary jerking of the eyes as they look to the side. During the HGN test, the officer moves a pen or light across your field of vision and looks for six “clues.” Alcohol can cause nystagmus, but so can fatigue, certain medications, and some medical conditions. In California, HGN testimony generally requires the officer to show proper training and correct administration.
Preliminary Alcohol Screening (PAS) Test
The handheld roadside breath test given before arrest. For adult drivers, the PAS test is voluntary, and the officer is required to tell you that. It is a different test from the post-arrest chemical test required under implied consent. Drivers under 21 and drivers on DUI probation must submit to a PAS test.
Drug Recognition Evaluator (DRE)
An officer trained to perform a 12 step evaluation to decide whether a driver is impaired by drugs, and which drug category is responsible. The evaluation includes pulse, blood pressure, pupil size, muscle tone, and divided attention tests. DRE opinions are central in marijuana and prescription drug DUI cases because California has no per se limit for THC.
Miranda Warnings (in DUI Cases)
The advisement of your right to remain silent and to have an attorney. Officers usually do not have to give Miranda warnings during routine roadside DUI questioning because a traffic stop is generally not considered custodial. Once you are arrested and questioned, Miranda applies. Statements taken in violation of Miranda can be excluded.
Stage 2: Chemical Testing and Evidence
Chemical tests produce the number most DUI cases are built around. These terms explain how California measures alcohol and drugs, and where testing goes wrong.
Implied Consent
California’s rule that anyone who drives is deemed to have agreed to a chemical test of breath or blood if lawfully arrested for DUI. If you are arrested for alcohol DUI, you generally get to choose between a breath and a blood test. If the officer suspects drugs, a blood test can be required. Implied consent applies after arrest, not to the roadside PAS test.
Chemical Test Refusal
Declining or failing to complete the required post-arrest breath or blood test. A refusal triggers a separate DMV action of 1 year for a first refusal, 2 years with one prior, and 3 years with two or more priors within 10 years, with no restricted license available. Refusal can also be charged as a sentence enhancement and used by the prosecution as evidence of consciousness of guilt.
Blood Alcohol Concentration (BAC)
The percentage of alcohol in your blood, measured by weight. In California, a BAC of 0.08% means 0.08 grams of alcohol per 100 milliliters of blood, or per 210 liters of breath. BAC is the number behind every per se DUI charge, every high BAC enhancement, and every DUI program assignment.
Per Se Limits (0.08%, 0.04%, 0.01%)
The BAC levels at which driving is illegal regardless of how you were actually driving. California has four: 0.08% for most adult drivers, 0.04% for commercial vehicle drivers, 0.04% for drivers carrying a passenger for hire (including rideshare), and 0.01% for drivers under 21 and drivers on DUI probation. There is no per se limit for marijuana or other drugs.
Three-Hour Presumption
A rule allowing the prosecution to presume your BAC was 0.08% or higher while driving if a chemical test taken within three hours of driving showed 0.08% or higher. The presumption is rebuttable, meaning the defense can present evidence, often through a toxicologist, that your BAC was lower at the moment you were driving.
BAC Presumptions (Vehicle Code 23610)
Statutory presumptions that apply to the “under the influence” charge. A BAC below 0.05% creates a presumption that you were not under the influence. A BAC from 0.05% up to 0.08% creates no presumption either way, so the prosecution must prove impairment with other evidence. A BAC of 0.08% or higher supports a presumption of impairment.
Partition Ratio
The assumed ratio used to convert breath alcohol into blood alcohol. California law builds in a 2,100 to 1 ratio by defining the breath limit as grams of alcohol per 210 liters of breath. Because the per se breath limit is written into the statute, partition ratio variability cannot be used to attack an 0.08% breath charge, but it can still be relevant to the separate “under the influence” charge.
Title 17
The section of the California Code of Regulations that controls how breath and blood alcohol testing must be done. Title 17 covers operator training, blood collection and storage, the 15 minute continuous observation period required before a breath test, and accuracy checks on breath instruments at least every 10 days or every 150 subjects, whichever comes first. Violations can make a test result unreliable.
15-Minute Observation Period
The Title 17 requirement that you be continuously observed for at least 15 minutes before a breath sample is collected, with no eating, drinking, smoking, vomiting, or regurgitation. The purpose is to rule out mouth alcohol contaminating the result. Officers sometimes count time spent driving to the station or filling out paperwork, which does not satisfy the rule.
Rising Blood Alcohol
The defense that your BAC was still climbing when you were tested, so it was lower when you were actually driving. Alcohol takes time to absorb, often 30 minutes to two hours depending on food and drinking pattern. A test taken an hour after the stop can show a higher number than existed behind the wheel.
Mouth Alcohol and GERD
Alcohol present in the mouth or throat rather than in deep lung air, which can falsely inflate a breath test. Sources include recent drinking, burping, dental work, and acid reflux (GERD). Breath machines assume the sample comes from the deep lungs, so mouth alcohol can produce a reading far higher than your true BAC.
Blood Sample Retention and Independent Retest
When you give a blood sample, Title 17 requires it to be retained for one year after collection, and the defense can request a portion for an independent analysis by a separate lab. Breath tests do not leave a sample behind, and the U.S. Supreme Court has held that police are not constitutionally required to preserve breath samples.
Stage 3: The DMV Case and Your Driver’s License
The DMV case moves faster than the criminal case and can suspend your license even if the court case is dismissed. These are the terms that control your ability to drive.
Administrative Per Se (APS) Suspension
The automatic DMV license suspension that follows a DUI arrest, completely separate from the criminal case. A first offense with a BAC of 0.08% or more leads to a 4 month suspension. One or more priors within 10 years leads to a 1 year suspension. The APS suspension can be imposed even if the criminal case is later reduced or dismissed.
APS Hearing (DMV Hearing)
The administrative hearing where you can challenge the APS suspension. For a 0.08% case, the hearing officer decides three issues: whether the officer had reasonable cause to believe you were driving under the influence, whether you were lawfully arrested or detained, and whether you drove with a BAC of 0.08% or more. In a refusal case, the issues also include whether you were properly warned and whether you refused. If you win, the DMV sets aside the suspension.
10-Day Rule
The deadline to request a DMV hearing: 10 days from the date you received the suspension notice, which is usually the date of arrest. A timely request generally keeps your license valid until the hearing is decided. Miss the deadline and the suspension takes effect automatically 30 days after the arrest.
Pink Temporary License (Form DS 367)
The pink notice the officer gives you at arrest after confiscating your physical license. It serves as both the official notice of the APS suspension and a 30 day temporary license. It also starts the 10 day clock to request a DMV hearing.
Hard Suspension
A period when you cannot drive at all, for any reason. For a first offense APS suspension, drivers who do not install an ignition interlock device typically serve a 30 day hard suspension before becoming eligible for a work and DUI program restricted license. Installing an IID can eliminate the hard suspension for many first offenders.
Restricted License
A license that lets you drive during a suspension under limits. California offers two main types after a DUI: an IID restricted license, which allows driving anywhere as long as the vehicle has an ignition interlock, and a work and DUI program restriction, which allows driving to and from work, during work, and to and from the DUI program. Drivers who refused a chemical test are not eligible, and a drug-only DUI does not qualify for the IID restricted license. Eligibility requires proof of DUI program enrollment and an SR-22.
Ignition Interlock Device (IID)
A breath testing device wired into your vehicle’s ignition that prevents the car from starting if it detects alcohol. California’s statewide IID program, in place since January 1, 2019, requires an IID for repeat offenders and DUI cases with injury, and gives first offenders the option to install one to keep driving. Required periods generally run 1 year with one prior, 2 years with two priors, and 3 years with three or more priors.
SR-22
A certificate your insurance company files with the DMV proving you carry the state’s minimum liability coverage. After a DUI suspension, California generally requires an SR-22 to reinstate or restrict your license, and you must keep it on file for three years. A lapse in coverage is reported to the DMV and can re-suspend your license.
DMV Points (Negligent Operator Points)
Points the DMV assigns to your driving record for convictions. A DUI conviction counts as 2 points and remains on your DMV record for 10 years. Accumulating too many points in a set period can lead to a separate negligent operator suspension.
Zero Tolerance Law (Drivers Under 21)
California’s rule that a driver under 21 may not drive with a BAC of 0.01% or higher, measured by a PAS or other chemical test. A violation is not a crime. It is an administrative violation that triggers a 1 year license suspension. Drivers under 21 with a BAC of 0.05% or more can also be cited under a separate underage DUI law.
Commercial Driver (CDL) DUI
A DUI involving a commercial driver’s license holder. The per se limit while driving a commercial vehicle is 0.04%. A first DUI conviction disqualifies a CDL holder from driving commercial vehicles for one year, even if the arrest happened in a personal car.
The DMV clock starts at arrest, not at your court date. If you were handed a pink temporary license, the 10 day deadline to request your APS hearing is already running.
Learn more about DMV hearings or call (714) 721-4423 today.
Stage 4: DUI Charges and Sentence Enhancements
These are the actual charges and sentence enhancements filed in California DUI cases, from a standard first offense to murder.
Vehicle Code 23152(a): Driving Under the Influence
The “impairment” DUI charge. It makes it a crime to drive while under the influence of alcohol. Under California jury instructions, a person is under the influence when their mental or physical abilities are so impaired that they can no longer drive with the caution of a sober person using ordinary care. No specific BAC is required.
Vehicle Code 23152(b): Driving With 0.08% or More
The “per se” DUI charge. It makes it a crime to drive with a BAC of 0.08% or higher, regardless of how well you were driving. The prosecution’s case rests on the chemical test, which is why test accuracy, Title 17 compliance, and timing are critical defense issues.
Vehicle Code 23152(f) and (g): Drug DUI and Combined DUI
Subdivision (f) makes it a crime to drive under the influence of any drug, including marijuana, prescription medication, and over the counter drugs. Subdivision (g) covers the combined influence of alcohol and drugs. Because there is no per se drug limit, these cases depend on blood results, DRE opinions, and observed driving.
Vehicle Code 23152(e): For-Hire Driver DUI
Since July 1, 2018, it has been illegal to drive with a BAC of 0.04% or more while a passenger for hire is in the vehicle. This applies to Uber, Lyft, taxi, and limousine drivers. The lower limit applies only while a paying passenger is on board.
Vehicle Code 23153: DUI Causing Injury
DUI that causes bodily injury to someone other than the driver, combined with a separate unlawful act or neglect of duty while driving (such as speeding or running a red light). It can be charged as a misdemeanor or a felony depending on the injuries and prior record.
Wobbler
An offense that can be charged as either a misdemeanor or a felony. In DUI law, DUI causing injury is a common wobbler. Starting January 1, 2027, AB 1546 makes a third DUI within 10 years a wobbler as well, instead of an automatic misdemeanor. Judges can sometimes reduce a felony wobbler to a misdemeanor.
Prior (Priorable Offense)
A previous DUI-related conviction that increases penalties for a new DUI. In California, prior DUI convictions, wet reckless convictions, and certain out of state DUI convictions count as priors if the offense dates fall within 10 years of each other. An expunged DUI still counts as a prior.
10-Year Lookback Period
The window California uses to decide whether a new DUI counts as a second, third, or fourth offense. The lookback is measured from the date of the prior offense to the date of the new offense, not from conviction dates. A DUI more than 10 years old does not increase the new case’s mandatory penalties, though it can still be considered at sentencing.
Felony DUI
A DUI charged as a felony, which can carry state prison time. In California this happens in three main situations: DUI causing injury charged as a felony, a fourth DUI within 10 years, and any new DUI after a prior felony DUI conviction. Under AB 1546, a fifth or later DUI within 10 years becomes a mandatory felony starting in 2027.
High BAC Enhancement (0.15% or Higher)
A sentencing factor that allows the judge to impose harsher penalties when your BAC was 0.15% or more. At 0.20% or more, a first offender is typically ordered into a 9 month DUI program instead of the standard 3 month program.
Child Passenger Enhancement
Additional mandatory jail time when a child under 14 is in the vehicle during a DUI: 48 continuous hours for a first offense, 10 days for a second, and 30 days for a third, on top of the DUI sentence. Prosecutors may instead file a separate child endangerment charge under Penal Code 273a, but you cannot be punished under both for the same act.
Excessive Speed Enhancement
An enhancement that adds 60 days of jail time when a DUI involves driving 30 miles per hour or more over the limit on a freeway, or 20 miles per hour or more over the limit on other streets, combined with reckless driving. The enhancement must be charged and proven, and speed plus DUI alone is not enough without separate evidence of reckless driving.
Watson Murder
A second degree murder charge in a fatal DUI case, based on implied malice. The prosecution argues the driver knew drunk driving was dangerous to human life and drove anyway with conscious disregard. Prior DUI convictions, DUI education, and a prior Watson advisement are the most common evidence of that knowledge.
Vehicular Manslaughter While Intoxicated
Killing someone while driving under the influence, without malice. Penal Code 191.5(b) covers ordinary negligence. Penal Code 191.5(a), gross vehicular manslaughter while intoxicated, covers gross negligence and carries a much longer prison term. Effective January 1, 2026, AB 1087 lengthened the probation term for these offenses to 3 to 5 years.
Boating Under the Influence (BUI)
Operating a vessel, including motorboats, jet skis, and water skis being towed, under the influence or with a BAC of 0.08% or more. BUI is charged under the Harbors and Navigation Code rather than the Vehicle Code. A BUI conviction counts as a prior for a later DUI, and a DUI counts as a prior for a later BUI, but a BUI alone does not trigger a DMV license suspension.
California DUI Penalty Grid at a Glance
General statutory penalties for DUI without injury. Actual outcomes depend on the facts, the court, and the defense.
| Offense (within 10 years) | Jail | Court License Action | DUI Program | IID Requirement |
|---|---|---|---|---|
| First DUI | Up to 6 months (often suspended with probation) | 6 month suspension | 3, 6, or 9 months (9 months at 0.20% or higher) | Optional, up to 6 months, allows driving during suspension |
| Second DUI | 96 hours to 1 year | 2 year suspension | 18 months | 1 year |
| Third DUI | 120 days to 1 year (wobbler starting 2027) | 3 year revocation | 18 or 30 months | 2 years |
| Fourth DUI | Felony: 16 months, 2 years, or 3 years | 4 year revocation | 18 or 30 months | 3 years |
Base fines run $390 to $1,000 for each tier, before penalty assessments. Whether this is your first DUI, a second DUI, a third DUI, or a case involving felony DUI with injury, the penalties and defense strategy change significantly based on prior history and the facts of the arrest. See DUI penalties in Orange County for more detail.
Stage 5: The Orange County Court Process
These terms describe what happens in an Orange County courtroom between arrest and resolution, including the most common ways DUI charges are reduced.
Arraignment
Your first court appearance, where you are formally told the charges and enter a plea. In most misdemeanor DUI cases, California allows your attorney to appear for you, although a judge can order you to be present for the plea or sentencing. In Orange County, a misdemeanor DUI arraignment is typically set 30 to 45 days after arrest, and the date and courthouse are printed on your release paperwork.
Pretrial Conference
A court date after arraignment where the defense and prosecution exchange evidence, discuss the strength of the case, and negotiate. Most Orange County DUI cases are resolved at or before the pretrial stage, either through dismissal, reduction, or plea agreement.
Motion to Suppress (Penal Code 1538.5)
A request asking the judge to exclude evidence obtained through an unlawful stop, detention, arrest, or search. In a DUI case, a successful motion can exclude the breath or blood result and the officer’s observations, which often forces the prosecution to dismiss or reduce the charge.
Plea Bargain
An agreement to resolve the case by pleading to a charge, often a reduced one, in exchange for agreed penalties. Common DUI outcomes include a reduction to wet reckless or dry reckless. Starting January 1, 2027, Braun’s Law requires courts to give a Watson advisement when a DUI is reduced or dismissed as part of a plea.
Wet Reckless
A plea to reckless driving involving alcohol or drugs. It is a common reduction from DUI, with lighter penalties: a base fine of about $145 plus assessments, jail rarely imposed on a first offense, typically 1 year of informal probation, a 12 hour DUI awareness program, and no court-ordered license suspension. A DMV suspension from the arrest can still apply if the DMV hearing was not won. However, a wet reckless counts as a prior if you are arrested for DUI again within 10 years.
Dry Reckless
A plea to ordinary reckless driving with no mention of alcohol or drugs. It is a better outcome than a wet reckless because it does not count as a prior DUI and carries no mandatory DUI program. Dry reckless reductions usually require significant weaknesses in the prosecution’s evidence.
Diversion (and the DUI Exception)
A program that pauses prosecution and dismisses the charge after successful completion. California generally bars diversion for DUI, and Vehicle Code 23640 specifically blocks mental health diversion in DUI cases. The main exception is military diversion, which allows current and former service members with service-related conditions such as PTSD, traumatic brain injury, or substance abuse to seek diversion for a misdemeanor DUI, and since January 1, 2025, for certain felonies. Successful completion results in dismissal, but diversion does not stop the DMV suspension.
Orange County DUI Court
A voluntary, court-supervised treatment program run through the Orange County Superior Court’s collaborative courts for repeat DUI offenders. Participants are typically second or third time misdemeanor offenders without serious injury cases. The program lasts at least 12 months for misdemeanor participants and includes treatment, testing, and frequent court appearances.
Stage 6: Sentencing, Probation, and Clearing Your Record
A DUI conviction comes with conditions that last years. These terms cover probation, DUI programs, fines, and the tools available to clear your record.
Summary Probation (Informal Probation)
The standard probation in a misdemeanor DUI case. It lasts 3 to 5 years and is supervised by the court rather than a probation officer. Standard conditions include obeying all laws, not driving with any measurable alcohol, submitting to a chemical test if lawfully detained, and completing the DUI program.
DUI Program (DUI School)
A state-licensed alcohol and drug education and counseling program required for license reinstatement and as a probation condition. First offenders with a BAC below 0.20% attend a 3 month, 30 hour program (often called AB 541). Depending on BAC and the facts, courts may order a 6 month program, and first offenders at 0.20% or higher attend a 9 month, 60 hour program. Repeat offenders attend an 18 month program (SB 38), and some third offenders a 30 month program.
Victim Impact Panel
A session where people who were injured, or who lost family members, in DUI crashes describe the impact. Orange County courts often order attendance at a Mothers Against Drunk Driving (MADD) panel as a probation condition, including in first offense DUI cases.
Penalty Assessments
State and county surcharges added on top of the base fine. A first DUI carries a base fine of $390 to $1,000, but penalty assessments multiply that amount several times, so the total paid to the court commonly lands around $1,500 to $2,500 or more before DUI program, insurance, and DMV costs.
Expungement (Penal Code 1203.4)
A dismissal of your conviction after you complete probation. It lets you truthfully answer “no” to most private employer questions about convictions. It does not remove the DUI from your DMV record, does not stop it from counting as a prior within 10 years, and must still be disclosed for some government and professional license applications.
Arrest Record Sealing (Penal Code 851.91)
A petition to seal the record of a DUI arrest that did not end in a conviction, such as when charges were never filed or were dismissed. Once sealed, the arrest is treated as though it never occurred for most purposes.
Watson Advisement
A warning given at a DUI conviction that drunk driving is dangerous to human life and that a future DUI killing someone can be charged as murder. The advisement is placed on the record so prosecutors can later use it to prove implied malice in a Watson murder case.
Stage 7: New Terms From 2026 California DUI Legislation
California passed significant DUI legislation in 2025 and 2026. These new terms will appear in Orange County cases for years to come. For the full breakdown, read our guide to the new California DUI laws.
Braun’s Law (SB 907)
A 2026 law requiring courts to give a formal Watson advisement whenever a DUI charge is dismissed or reduced as part of a plea, including reductions to wet reckless or hit and run. The advisement becomes part of the official court record. Effective January 1, 2027.
AB 1546 (Repeat DUI Tiers)
A 2026 law that changes two points on the repeat DUI ladder. A third DUI within 10 years becomes a wobbler that can be filed as a felony. A fifth or later DUI within 10 years becomes a mandatory felony, with license revocation increased from four to five years. Core provisions take effect January 1, 2027.
Irene’s Law (AB 1687)
A 2026 law allowing the DMV to revoke a license for eight years, instead of three, after three or more specified impaired driving convictions. Earlier reinstatement may be possible after four years with a certified ignition interlock device. Operative January 1, 2031.
AB 1685 (Manslaughter DMV Points)
A 2026 law raising the DMV point count for gross vehicular manslaughter while intoxicated from two points to three and aligning the record window with the 10 year lookback. Operative January 1, 2031.
AB 366 (Ignition Interlock Extension)
A 2025 law, effective January 1, 2026, that extended California’s statewide ignition interlock program from its original January 1, 2026 sunset to January 1, 2033. Without it, the current IID rules would have expired.
Possible Defenses Built From These Terms
Many of the most effective DUI defenses come straight from the definitions above. Depending on the facts, a defense may focus on:
- An unlawful stop: no reasonable suspicion, or a checkpoint that did not follow the Ingersoll guidelines.
- No proof of driving: no evidence of volitional movement of the vehicle.
- Unreliable testing: Title 17 violations, a broken 15 minute observation period, mouth alcohol, or rising BAC.
- Weak impairment evidence: a BAC in the no-presumption range, or field sobriety tests affected by conditions unrelated to alcohol.
- Procedural errors at the DMV: an improper refusal admonition or missing evidence at the APS hearing.
- Prior conviction issues: a claimed prior that falls outside the 10 year lookback or does not legally qualify.
An arrest is not a conviction. The terms in this glossary describe what the prosecution has to prove, and a defense attorney’s job is to test every one of those elements. Review recent DUI case results for examples of how these cases have been resolved.
Frequently Asked Questions: California DUI Terms
What does DUI mean under California law?
Under California Vehicle Code 23152, DUI means driving a vehicle while under the influence of alcohol, drugs, or both, or driving with a blood alcohol concentration of 0.08% or more. California uses the term DUI rather than DWI, and the same statute covers lower limits for commercial drivers, for-hire drivers, and drivers under 21.
What is the difference between a DMV APS hearing and a criminal DUI case?
The APS hearing is an administrative proceeding at the DMV that decides only whether your license will be suspended. The criminal case is in Superior Court and decides guilt and penalties such as jail, fines, and probation. They run separately, and winning one does not automatically win the other.
Is a wet reckless considered a prior DUI in California?
Yes. Under Vehicle Code 23103.5, a wet reckless conviction counts as a prior if you are arrested for another DUI within 10 years. A dry reckless under Vehicle Code 23103 does not count as a prior DUI.
What BAC is illegal to drive with in California?
The limit is 0.08% for most adult drivers, 0.04% for commercial drivers and drivers with a passenger for hire, and 0.01% for drivers under 21 and drivers on DUI probation. You can also be charged with DUI below these limits if the prosecution can prove impairment.
Can I refuse a breathalyzer in California?
You can refuse the roadside PAS breath test if you are 21 or older and not on DUI probation. You cannot legally refuse the post-arrest chemical test under California’s implied consent law without facing a separate license suspension of at least one year and possible sentence enhancements.
How long is the lookback period for DUI priors in California?
California uses a 10 year lookback. A prior DUI or wet reckless counts against you if the prior offense occurred within 10 years of the new offense, measured from offense date to offense date.
Does expungement remove a DUI from my record in California?
No, not completely. A Penal Code 1203.4 expungement dismisses the conviction for most private employment purposes, but the DUI stays on your DMV record for 10 years and still counts as a prior for a new DUI within 10 years.
What new California DUI terms should drivers know for 2027?
Braun’s Law (SB 907) requires Watson advisements when DUI charges are reduced or dismissed, and AB 1546 makes a third DUI within 10 years a wobbler and a fifth DUI a mandatory felony. Both take effect January 1, 2027. Irene’s Law (AB 1687) and AB 1685 follow in 2031.
California DUI Glossary: Free Consultation
Knowing the vocabulary is the first step. Applying it to the facts of your arrest is where a defense is built. Richard Wagner represents drivers throughout Orange County in every type of case defined in this glossary, including:
- First-time DUI arrests
- Second-offense DUI
- Third and repeat DUI offenses
- Felony DUI and DUI with injury
- Marijuana DUI (THC DUI)
- Underage DUI
- Boating under the influence
- DMV license suspension hearings
- Wet reckless charge reductions
- DUI expungement
Call (714) 721-4423 or text (714) 403-6317 to speak directly with Richard Wagner and get the defense strategy you need.
Orange County DUI Courts and DMV Information
Where your case is filed matters. Each Orange County justice center has its own prosecutors, judges, and procedural tendencies, and whether a wet reckless is offered, how a high BAC is treated at sentencing, and whether DUI Court is a realistic option can vary by courthouse.
Orange County Superior Court, Harbor Justice Center
4601 Jamboree Road, Newport Beach, CA 92660
Orange County Superior Court, Central Justice Center
700 Civic Center Drive West, Santa Ana, CA 92701
Orange County Superior Court, North Justice Center
1275 North Berkeley Avenue, Fullerton, CA 92832
Orange County Superior Court, West Justice Center
8141 13th Street, Westminster, CA 92683
- What Happens After a DUI Arrest in Orange County
- Orange County DUI Courts
- What Happens at an Arraignment?
- Should I Get a Lawyer for My First DUI?
- Orange County DUI Frequently Asked Questions
- Successful Case Results
Disclaimer
This glossary is for informational purposes only and does not constitute legal advice. California DUI laws, regulations, and court interpretations change, and several laws described here take effect in future years. Reading this page does not create an attorney-client relationship. If you have been arrested for DUI in Orange County, consult a qualified attorney about the specific facts of your case.
Legal Authorities
Definitions in this glossary are based on the California Vehicle Code, Penal Code, and Harbors and Navigation Code as published on the California Legislative Information portal, the California Code of Regulations, published decisions of the California Supreme Court, the California Courts of Appeal, and the U.S. Supreme Court, and information published by the California DMV and the Superior Court of California, County of Orange.
- California Vehicle Code Section 12810
- California Vehicle Code Section 13353
- California Vehicle Code Section 13353.2
- California Vehicle Code Section 13353.3
- California Vehicle Code Section 13353.6
- California Vehicle Code Section 13353.7
- California Vehicle Code Section 13353.75
- California Vehicle Code Section 13388
- California Vehicle Code Section 13557
- California Vehicle Code Section 13558
- California Vehicle Code Section 15300
- California Vehicle Code Section 23103
- California Vehicle Code Section 23103.5
- California Vehicle Code Section 23136
- California Vehicle Code Section 23140
- California Vehicle Code Section 23152
- California Vehicle Code Section 23153
- California Vehicle Code Section 23154
- California Vehicle Code Section 23536
- California Vehicle Code Section 23538
- California Vehicle Code Section 23540
- California Vehicle Code Section 23542
- California Vehicle Code Section 23546
- California Vehicle Code Section 23550
- California Vehicle Code Section 23550.5
- California Vehicle Code Section 23572
- California Vehicle Code Section 23575.3
- California Vehicle Code Section 23577
- California Vehicle Code Section 23578
- California Vehicle Code Section 23582
- California Vehicle Code Section 23593
- California Vehicle Code Section 23600
- California Vehicle Code Section 23610
- California Vehicle Code Section 23612
- California Vehicle Code Section 23620
- California Vehicle Code Section 23640
- California Penal Code Section 17
- California Penal Code Section 191.5
- California Penal Code Section 273a
- California Penal Code Section 851.91
- California Penal Code Section 977
- California Penal Code Section 1001.80
- California Penal Code Section 1203.4
- California Penal Code Section 1538.5
- California Harbors and Navigation Code Section 655
- Ingersoll v. Palmer (1987) 43 Cal.3d 1321
- People v. Banks (1993) 6 Cal.4th 926
- Mercer v. Department of Motor Vehicles (1991) 53 Cal.3d 753
- People v. Watson (1981) 30 Cal.3d 290
- People v. Bransford (1994) 8 Cal.4th 885
- People v. McNeal (2009) 46 Cal.4th 1183
- Manriquez v. Gourley (2003) 105 Cal.App.4th 1227
- Berkemer v. McCarty (1984) 468 U.S. 420
- California v. Trombetta (1984) 467 U.S. 479
- California Code of Regulations, Title 17, Sections 1215 through 1222.2
- CALCRIM No. 2110, Driving Under the Influence
- Assembly Bill 366 (2025), Chapter 689, Statutes of 2025
- Assembly Bill 1087 (2025)
- Senate Bill 907 (2026), Braun’s Law
- Assembly Bill 1546 (2026)
- Assembly Bill 1685 (2026)
- Assembly Bill 1687 (2026), Irene’s Law
Statutes and regulations cited here are subject to interpretation, enforcement discretion, and future amendment. Effective dates for 2026 legislation are listed as enacted and should be confirmed before relying on them in a pending case.
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