A DUI in the state of
The table below outlines the most common penalties and fines for a DUI in California.
California DUI Penalties
| Court Fines | Potential Jail Time | License Suspension* | |
| 1st Conviction | $1400-1800 | 96 hours - 6 months | Minimum of 6 Months |
| 2nd Conviction | $1800-2800 | 90 days - 1 year | Minimum of 1 Year |
| 3rd Conviction | $1800-2800 | 120 days - 1 year> | Minimum of 2 Years |
| 4th Conviction | $1800-2800 | 180 days - 1 year | Minimum of 3 Years |
*Often times for a first offense, a restricted license can be obtained after 30 days, allowing you limited driving privileges.
In addition to the above, a DUI conviction will usually require 3 months or more of DUI school. This is sometimes mandated by the court, but often by the DMV.
DUI Charges
In California, you'll be charged with two different statutes: sections 23152(a) and 23152(b) under the California vehicle code section. Section 23152(a) looks at whether or not you were able to drive as cautiously as a sober person, which is the legal standard for driving under the influence.
The second statute looks at your blood alcohol content, specifically if it's .08 per cent or greater. One thing to note here is that it doesn't matter how well you were driving or if you passed the sobriety tests given by the officer. This charge is solely based on your blood alcohol content.
Possible DUI offenses include the following:
- Driving under the influence of any combination of alcohol, or drugs
- Driving with a BAC of .08 or greater
- Driving by a drug addicted person, methadone excepted
- If a minor, driving with a BAC of .05 or greater
The DMV
Once charged with a DUI in
DMV Repercussions
If the DMV board votes against you at your requested
hearing, your driver's license will be suspended for a minimum of four months
if this is your first offense. For your
second offense, it's one year. The third
DUI in
Court Repercussions
The punishment handed down from your court case will vary based on several factors, including how many DUIs you have and if you injured anyone or damaged any property. You could face jail time, a large fine, or a court-ordered license suspension.
If this is your second DUI within ten years, it's going to be listed as a second offense. For multiple DUI offences, you will spend some time in jail, attend an alcohol education class, and be required to install an ignition interlock device in your car.
Elevation to a Felony Charge
If you have three DUI charges within ten years, your fourth DUI will be listed as a felony. Every subsequent DUI charge will be listed as a felony for the next 10 years. Likewise, if you injure someone while driving drunk, you may be charged with a felony depending on the circumstances.
| If you are in need of legal assistance, consult with an attorney in your area to receive a free case review. |
