California Penalties for Driving Under the Influence Offenses:

California Penalties for Driving Under the Influence Offenses:

§23152 (misdemeanor):
(1) No Prior Conviction: Between 96 hours, at least 48 hours of which are continuous, and six months in the county jail. Imprisonment will be on days other than days of regular employment. If 48 hours of continuous imprisonment would interfere with the defendant’s work schedule, imprisonment will be allowed during time off from work.

(2) One Prior Conviction: Between 90 days and one year in the county jail. If defendant refused to submit to or willfully failed to complete chemical test at time of arrest, jail time enhanced by 96 hours, no part of which may be stayed.

(3) Two Prior Convictions: Between 120 days and one year in the county jail. If defendant refused to submit to or willfully failed to complete chemical test at time of arrest, jail time enhanced by 10 days, no part of which may be stayed.

(4) Three or More Prior Convictions: 16 months or two or three years in state prison OR between 180 days and one year in county jail. In either case, if defendant refused to submit to or willfully failed to complete chemical test at time of arrest, jail time enhanced by 18 days, no part of which may be stayed.

Fines~ In All Cases: Between $ 390 and $ 1,000 plus mandatory statutory penalty assessments.

§23153 (felony):
(1) No Prior Conviction: 16 months or two or three years in state prison OR 90 days to one year in county jail.

(2) One Prior Conviction: 16 months or two or three years in state prison OR 120 days to one year in county jail.

(3) Two or More Prior Convictions: Two, three, or four years in state prison.

(4) In All Cases if Current Offense Proximately Caused Great Bodily Injury: Additional and consecutive enhancement term of three years in state prison.

(5) In All Cases If Bodily Injury or Death to More Than One Victim: Enhancement of one year in state prison for each additional injured victim, up to a maximum of three years.

California DUI Fines:

(1) No Prior Conviction Within Seven Years: Between $ 390 and $ 1,000.

(2) One Prior Conviction Within Ten Years: Between $ 390 and $ 5,000.

(3) Two or More Prior Convictions Within Ten Years: Between $ 1,015 and $ 5,000.

(4) In All Cases: Additional penalty assessment of about 190% on each fine assessed. Plus: $ 50 for alcohol abuse education and prevention program. Additional assessment of up to $ 50 for cost of blood-alcohol testing, in authorizing counties, and, in most counties, based on ability to pay. Additional assessment of up to $ 100 for county alcohol and drug problem assessment program, in authorizing counties, based on ability to pay.

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