Two routes, not one.
People generally assume a DUI takes their licence once. It can happen twice, by two different mechanisms, and confusing them is the most common misunderstanding I deal with.
The administrative route. The DMV can suspend the driving privilege under Vehicle Code section 13353.2 based on the chemical result alone — 0.08 percent or more, 0.01 percent or more if you're under 21, or 0.04 percent or more in a vehicle requiring a commercial licence. Refusing testing triggers section 13353. This happens whether or not you're ever convicted, and it's the one with the 10-day clock. See the DMV hearing.
The conviction route. Separately, Vehicle Code section 13352 governs suspension and revocation on conviction. That one follows the criminal case rather than the arrest.
Why I'm not printing a number.
You'll find pages that state exactly how many months a first, second or third DUI costs you. I'm not going to, and the reason is specific rather than evasive.
Section 13352 currently exists in more than one version on the state's own legislative site, both recently amended. Where a statute is mid-change like that, printing a period as settled fact risks telling you something that either isn't operative yet or no longer is. The suspension length also varies with the offence number, the section convicted under, whether an injury was alleged, and your record.
What I can tell you plainly: the administrative suspension and the conviction suspension are separate, they can overlap, and restricted-licence eligibility is its own question again. Call and I'll go through what applies to your facts rather than to a generic first offence.
What usually matters.
The ten days. The administrative route is the one you can lose by doing nothing at all.
What you actually need to drive for. Work, childcare and medical obligations shape what's worth pursuing and in what order.
Whether you hold a commercial licence. Different rules entirely. See DUI and the commercial driver.
The criminal outcome. Because the conviction route follows the court case, what happens there feeds directly into this.
How I handle these.
- Read the file first. Before I tell you what I think of it. What the report supports is usually narrower than what it alleges.
- Check the technical ground. The stop, the search, the testing, the paperwork — each of which is checkable rather than a matter of opinion.
- Work out what a good outcome looks like for you. That depends on your job, your record, your licence and what you actually need to protect. It isn't the same answer for everyone.
- Negotiate from what the file supports. Most cases resolve, and the leverage comes from knowing precisely what it will and won't carry.
- Trial where the offer isn't reasonable.
Where I handle these.
Across ten Northern California counties, from offices in Sacramento at 701 E Street and Roseville at 970 Reserve Drive, Suite 116. Licensed since 1999, State Bar number 203402.
Questions I hear most.
Can I lose my licence even if I'm not convicted?
Yes. The administrative suspension under Vehicle Code 13353.2 runs off the arrest and the chemical result, not the conviction. That's why the 10-day hearing request matters so much. The DMV hearing is the proceeding that 10-day clock buys you.
How long is the suspension?
It depends on the offence number, the section convicted under, whether injury was alleged, and your record — and section 13352 is currently mid-amendment. I'd rather go through your actual facts than quote you a figure that may not apply. For the wider picture, see licence and DMV hearings.
Can I get a restricted licence?
Often there is a route to some form of restricted driving, but eligibility and timing depend on the case. It's one of the first things worth checking. The DMV hearing is the proceeding that 10-day clock buys you.
Do the two suspensions add up?
Not straightforwardly. They can overlap, and how they interact depends on the case. Worth going through properly rather than guessing. For the wider picture, see licence and DMV hearings.
The statutes on this page
Statutory text checked against the California Legislative Information site on 6 August 2026. California criminal statutes commonly amend effective 1 January — if you are reading this well after that date, ask me rather than relying on it.
I treat my clients the way I would want an attorney to treat my mother, if she met with one. Call (916) 277-8299. The consultation is free.
