California Criminal DUI Penalties

The minimum and maximum penalties for a first conviction of California vehicle code section 23152(a) or 23152(b) within 10 years are:

• 0 to 6 months in the county jail
• Fines of $390 to $1,000 plus penalty assessments and court costs
• A 3, 6 or 9 month alcohol class depending the blood alcohol level or whether it was a refusal
• A 6 month license suspension or a 10 month license suspension if it is proved the alcohol level was .20 or higher. This can be converted to a 6 or 10 month restricted license upon filing proof of insurance (sr-22), proof of enrollment in the alcohol class and payment of a re-issue fee to DMV.
• The license suspensions and restrictions are handled by DMV after they receive notice of a conviction of California vehicle code section 23152(a)(driving while under the influence of alcohol, drugs, or their combined influence) or 23152(b) (driving with a blood alcohol level of .08% Or greater). The courts no longer suspend or restrict the driving privilege.
• 36 Months probation during which you may not drive with any measureable alcohol in your system, not drive without a valid license and insurance, not violate any law and submit to chemical testing by any peace officer with or with probable cause.

In addition, a new law, California vehicle code section 23154 makes it a separate crime to drive with .01% Or more alcohol in your blood while on probation for a DUI.

Second offense DUI within 10 years:

• 96 hours to one year in the county jail
• $390 to $1,000 fine plus penalty assessments and court costs
• 18 month alcohol class
• Two year driver's license suspension upon DMV receiving an abstract of court conviction. After one year of suspension a restricted license can be obtained by filing proof of insurance (sr-22), proof of completion of an 18 month alcohol class, proof of installation of an approved ignition interlock device, and of course, payment of a re-issue fee.
• 3 Years to 5 years probation with the same DUI probation conditions as for a first offense

Third offense within 10 years:

• 120 days to one year in the county jail
• $390 to $1,000 fine plus penalty assessments and court costs
• 18 or 30 month alcohol class
• 3 year license revocation. After 18 months a restricted license can be obtained by filing proof of completion of an 18 month alcohol class, proof of insurance (sr-22), proof of installation of an approved ignition interlock device, and of course, payment of a re- issue fee.

4Th offense or more within 10 years:

• A felony, punishable by 16 months to 3 years in the state prison or by imprisonment in the county jail for one year if probation is granted.
• Various fines up to $10,000, penalty assessments and court costs
• Four-year license revocation
• Out-of-state DUI convictions within 10 years are considered prior DUI convictions