DUI Penalties

San Diego, California DUI and DMV Penalties

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

OFFENSEMINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTEDMINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATIONWITH 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 280% 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 90 days or 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

OFFENSEBOH/REFUSALSENTENCE
FIRST OFFENSE.08 or greater4-month suspension
” “Refusal1 year suspension
SECOND OFFENSE
within 10 years
.08 or greater1 year suspension
” “Refusal2 year revocation
THIRD OFFENSE
within 10 years
.08 or greater3 year revocation
” “Refusal3 year revocation
FOURTH OFFENSE
within 10 years
.08 or greater4 year revocation
” “Refusal4 year revocation

DMV Suspension if .01% while on Probation

DMV shall immediately suspend the privilege of a person to operate a motor vehicle:
…if the person was on probation for Vehicle Code Section 23152 or 23153, and the person blows .01% or more, as measured by a preliminary alcohol screening test or other chemical test.

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)]