A Comprehensive List of California DUI Penalties


CALIFORNIA CRIMINAL AND DEPARTMENT OF MOTOR VEHICLE PENALTIES (over 21)

FOR DRIVING UNDER THE INFLUENCE

CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
(VEHICLE CODE SECTION 23152)

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 Attendance at a 3, 6 or 9 month alcohol/drug program, a fine of $390 to $1000, possibly 48 hours to 6 months in jail. As a result of the court conviction, the DMV will suspend your license for 6 or 10 months, but a restricted license may be available, unless the court orders otherwise. Mandated installation of an Ignition Interlock Device for a period of 5 months for individuals convicted in the following counties: Alameda, Los Angeles, Sacramento, and Tulare. Additionally, the court can require installation of the Ignition Interlock Device for up to 3 years in all counties. 96 hours to 6 months in jail, $390 to $1000 fine, and a 6 to 10 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; or (B) 96 hours to 1 year in jail; and either an 18 or 30 month alcohol/drug program. The court can require the installation of the Ignition Interlock Device for up to 3 years. The DMV will suspend your license for 2 years, but a restricted license may be available after 90 days with the installation of the Ignition Interlock Device, unless the court orders otherwise. 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 $1,000 fine, and an 18 or 30 month alcohol/drug program. The court will designate you as a habitual traffic offender for up to 3 years. The court can revoke your license for up to 10 years and the DMV will revoke your license for 3 years. However, a restricted license may be available after 6 months with the installation of the Ignition Interlock Device, unless the court orders otherwise. The court can require installation of the Ignition Interlock Device for up to 3 years. 120 days to 1 year in jail, $390 to $1000 fine, and up to a 10 year license revocation.
FOURTH or Subsequent Offense within 10 years 180 days to 1 year in jail, $390 to $1,000 fine, and an 18 or 30 month alcohol/drug program. The court will designate you as a habitual traffic offender for up to 3 years. The court can revoke your license for up to 10 years and the DMV will revoke your license for 4 years. However, a restricted license may be available after 12 months with the installation of the Ignition Interlock Device, unless the court orders otherwise. The court can require installation of the Ignition Interlock Device for up to 3 years. 16 months or 2 or 3 years in state prison, or 180 days to 1 year in county jail, $390 to $1000 fine, and up to a 10 year license revocation.

ADMINISTRATIVE (ADMIN PER SE) DMV PENALTIES FOR DRIVING

FIRST OFFENSE Within 10 years .08 or greater
Refusal
4 month suspension
1 year suspension
SECOND Offense within 10 years .08 or greater
Refusal
1 month suspension
2 year suspension
THIRD Offense within 10 years .08 or greater
Refusal
1 month suspension
3 year suspension
FOURTH or Subsequent Offense within 10 years .08 or greater
Refusal
1 month suspension
3 year suspension