California DUI Penalties:

CALIFORNIA CRIMINAL AND DEPARTMENT OF MOTOR VEHICLE PENALTIES
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. 96 hours to 6 months in jail, $390 to $1000 fine, and a 6 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-month or 30-month alcohol/drug program. Installation of interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after the first year of suspension 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 $1000 fine, and an 18-month or 30 month alcohol/drug program if you have not completed one before. As a result of the court conviction, the DMV will revoke your license for 3 years, but a restricted license may be available after the first year of suspension unless the court orders otherwise. 120 days to 1 year in jail, $390 to $1000 fine, and a 3-year license revocation.

FOURTH or Subsequent Offense

within 10 years

180 days to 1 year in jail, $390 to $1000 fine, and an 18-month or 30 month alcohol/drug program if you have not completed one before. As a result of the court conviction, the DMV will revoke your license for 4 years, but a restricted license may be available after the first year of suspension unless the court orders otherwise. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine, and a 4-year license revocation.
 		  
 
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