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)
|

|
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
|

|
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
|