California DUI and DMV Penalties

Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152)

OFFENSE	MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED	MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION	WITH OR WITHOUT PROBATION
FIRST OFFENSE within 10 years	Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 180% apx.), plus either (A) 48 hours to 6 months jail and 6 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal).	96 hours to 6 months in jail, $390 to $1,000 fine, and a 6-month license suspension.	May impound vehicle for 6 months. Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more.
SECOND OFFENSE within 10 years	Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program.  However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license.	90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension.
THIRD OFFENSE within 10 years	120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.	120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation.
FOURTH OR SUBSEQUENT OFFENSE within 10 years	120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-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 $1,000 fine, and a 4-year license revocation.

DMV Penalties for Driving Under the Influence of alcohol and/or drugs

OFFENSE	BOH/REFUSAL	SENTENCE
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

Driving on a Suspended License Mandatory Jail Penalty

If you drive when your privilege is suspended or revoked for driving under the influence of alcohol, upon a first conviction, you face imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than $300 nor more than $1,000. [California Vehicle Code section 14601.2(a)]

2008© San Diego County DUI Law Center
- All Rights Reserved