DUI - DWI Penalties In California

 
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)

Jail cell
 

OFFENSE
 
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM)
 
 MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION
 
FIRST DUI Offense
within 10 years

Two options, both requiring attendance at an alcohol/drug program, a fine of $390 to $1000, plus either: (A) 48 hours to 6 months in jail; or (B) a 90-day license restriction. Under option (A), the Court may also suspend your license for 6 months. Under either option, your license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license.
 

96 hours to 6 months in jail, $390 to $1000 fine, and a 6 month license suspension.

SECOND DUI Offense
within 10 years

Two options, both carrying a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail and an 18-month license suspension; or (B) 48 hours to 1 year in jail, an 18-month or 30-month alcohol/drug program, and a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 18 months if the offense occured in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for up to 3 years.
 

90 days to 1 year in jail, $390 to $1000 fine, and an 18-month license suspension.

THIRD DUI Offense
within 10 years

120 days to 1 year in jail, $390 to $1000 fine, 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 $1000 fine, and a 3-year license revocation.
 

FOURTH or Subsequent DUI Offense
within 10 years

180 days to 1 year in jail, $390 to $1000 fine, 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 $1000 fine, and a 4-year license revocation.

 


 

DMV PENALTIES
FOR DRIVING UNDER THE INFLUENCE
OF ALCOHOL AND/OR DRUGS

Suspended drivers license
 
 
OFFENSE
 

 
BLOOD ALCOHOL
   TEST RESULT
 

 
PENALTY
 

FIRST Offense
within 10 years

.08 or greater

Refusal
 

4 month suspension

1 year suspension

SECOND Offense
within 10 years

.08 or greater

Refusal
 

1 year suspension

2 year revocation

THIRD Offense
within 10 years

.08 or greater

Refusal
 

3 year revocation

3 year revocation

FOURTH Offense
within 10 years

.08 or greater

Refusal
 

4 year revocation

4 year revocation

 

 

copyright 2007 William M. Duncan, A Professional Law Corporation
322 W. Center Street
Yreka, California  96097
Office Phone: 530-841-2670
Cell Phone: 541-944-7803
Fax: 530-842-5475
Email: wduncanlaw@gmail.com