California DUI Penalties
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CALIFORNIA CRIMINAL AND DEPARTMENT OF MOTOR VEHICLE PENALTIES FOR DRIVING UNDER THE INFLUENCE
CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
(VEHICLE CODE SECTION 23152)
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| OFFENSE |
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) |
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION |
| FIRST Offense within 10 years |
Two options, both requiring attendance at a 3 month or 6 month alcohol/drug program, a fine of $390 to $1000, plus either: (A) 48 hours to 6 months in jail; or (B) for arrests prior to September 20, 2005, a 90-day license restriction. Under option (A), the Court may also suspend your license for 6 months. Under either option, your license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. As a result of the court conviction, the DMV will suspend your license for 6 months, but a restricted license may be available. |
96 hours to 6 months in jail, $390 to $1000 fine, and a 6 month license suspension. |
| SECOND Offense within 10 years |
Two options, both carrying a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail and a 2 year license suspension; or (B) 96 hours to 1 year in jail, an 18-month or 30-month alcohol/drug program, and for arrests prior to September 20, 2005, a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 2 years if the offense occured in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after the first year of suspension. |
90 days to 1 year in jail, $390 to $1000 fine, and a 2 year license suspension. |
| THIRD Offense within 10 years |
120 days to 1 year in jail, $390 to $1000 fine, a 3-year license revocation, and an 18-month or 30 month alcohol/drug program if you have not completed one before. |
120 days to 1 year in jail, $390 to $1000 fine, and a 3-year license revocation. |
| FOURTH or Subsequent Offense within 10 years |
180 days to 1 year in jail, $390 to $1000 fine, a 4 year license revocation, and an 18-month or 30 month alcohol/drug program if you have not completed one before. |
16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine, and a 4-year license revocation. |
DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS |
| FIRST Offense |
.08 or greater |
4 month suspension |
| Refusal |
1 year suspension |
| SECOND Offense Within 10 years |
.08 or greater |
1 year suspension |
| Refusal |
2 year revocation |
| THIRD Offense Within 10 years |
.08 or greater |
3 year revocation |
| Refusal |
3 year revocation |
| FOURTH Offense Within 10 years |
.08 or greater |
4 year revocation |
| Refusal |
4 year revocation |
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California DUI arrests (also known as DWI) trigger two separate cases: the DMV action, where a person's driving privileges hang in the balance, and the court case, where a variety of DUI punishment is available. For anyone charged with drunk driving in California, it is vital to note that persons arrested for DUI have only 10 days from the date of arrest to request a hearing with the DMV. If someone arrested for drunk driving does not request the hearing on time, his or her license will be suspended, automatically, on the 30th day following the arrest. It is critical for anyone charged with a California DUI or other drunk driving offense to obtain the services of a California DUI lawyer that understands the relationship between the court and DMV.
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