A California DUI conviction under Vehicle Code section 23152 or 23153 adds 2 points to your driving record. Separately from the suspension tied to the DUI arrest, DMV can take negligent operator action when your points reach set levels within 12, 24, or 36 months. Two points alone is below the level that makes you a presumed negligent operator, but it can bring a warning letter.

The point value of a DUI conviction

Vehicle Code section 12810(b) states plainly: “A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.” That covers a standard DUI and a DUI causing injury. A collision that DMV deems you responsible for adds 1 point under section 12810(g). If one arrest or citation led to more than one conviction, section 12810(j) counts only one of those convictions toward your point total.

Those 2 points then count in each of the 12-, 24-, and 36-month periods described below, together with anything else on your record.

When points lead to negligent operator action

Under Vehicle Code section 12810.5(a), a record showing 4 or more points in 12 months, 6 or more in 24 months, or 8 or more in 36 months means you are “prima facie presumed to be a negligent operator of a motor vehicle.” Prima facie means the presumption stands unless you rebut it. If you request and appear at a DMV hearing, DMV must give due consideration to how much you drive.

Different counts can apply to class A or class B license holders, with exceptions for some certificate and endorsement holders. If such a driver requests and appears at a hearing, the presumption applies at 6 or more points in 12 months, 8 in 24, or 10 in 36, unless DMV reasonably determines that the lower counts come from driving that needed only a class C or class M license. For that comparison, points for violations in a vehicle requiring a class A or B license count at one and a half times their normal value (section 12810.5(b)).

DMV’s explanation of its Negligent Operator Treatment System describes four escalating levels (DMV Negligent Operator Actions):

  • Level I: a warning letter at 2 points in 12 months, 4 points in 24 months, or 6 points in 36 months.
  • Level II: a notice of intent to suspend at 3 points in 12 months, 5 points in 24 months, or 7 points in 36 months.
  • Level III: a one-year probation that includes a six-month suspension, effective 34 days from the date the order is mailed, at 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months. This is the level that matches the presumption in section 12810.5.
  • Level IV: a violation of probation order. Triggers include a one- or two-point violation or a responsible collision during probation, any violation or collision during the suspension, and a failure to appear in court on a traffic violation. A first or second violation brings another six-month suspension and a one-year extension of probation; a third brings a one-year revocation.

DMV also notes that a warning letter or a notice of intent to suspend can follow when a major conviction is added to a record.

Why this is separate from your DUI suspension

The DMV hearing tied to a DUI arrest, covered on DMV hearing defense, looks only at the facts of that one stop and arrest. The negligent operator program looks at your whole driving record over time, and it can lead to action even after the DUI suspension is resolved. A single DUI’s 2 points is below the 4, 6, and 8 point counts that create the negligent operator presumption, but 2 points within 12 months is the count DMV lists for a Level I warning letter, and other violations or collisions on your record push the total higher.

Reduced pleas and other limits

A reckless driving conviction is also given 2 points under section 12810(c). That includes a wet reckless, which is a plea to reckless driving in place of a DUI charge (Vehicle Code section 23103.5). A reduced plea therefore does not by itself lower your point count; how it differs from a DUI in other ways is covered on the wet reckless and reckless driving pages.

Reaching a point threshold creates a presumption you can contest at a hearing, not an automatic finding. For getting your license back after a DUI suspension, see DUI license reinstatement.

If you are unsure how many points your record already carries, or whether a new DUI conviction pushes you toward a negligent operator action, call the Law Offices of David S. Chesley at (800) 755-5174 to go over your driving record.