Penalties for DUI (Vehicle Code Section 23152 VC)

  • 1st offense DUI – Fines between $390 and $1000, jail time from 48 hours to six months, license suspension for six months, probation from three to five years, participation in a DUI education program, and other penalties
  • 2nd offense DUI – (Within 10 years of any previous DUI) — Fines between $390 and $1000, jail time from 96 hours to one year, license suspension up to two years, probation from three to five years, participation in a DUI education program, and other penalties
  • 3rd offense DUI – (Within 10 years of any two previous DUIs) — Fines between $390 and $1000, jail time from 120 days and one year, license suspension up to three years, probation from three to five years, participation in a DUI education program, and other penalties
  • 4th offense DUI – (Within 10 years of any three previous DUIs) — Fines between $390 and $1000, jail time from 180 days to one year, license suspension for three years, participation in a DUI education program, and other penalties. A fourth DUI is a felony offense if all subsequent DUI convictions occurred within 10 years.

 

Penalties for DUI with Injury (Vehicle Code Section 23153 VC)

  • 1st offense DUI with Injury – Fines between $390 and $1000; jail time up to one year, or longer in state prison; license suspension for one year; probation for three to five years; participation in a DUI education program; and other penalties
  • 2nd offense DUI with Injury – (Within 10 years of any previous DUI) — Fines between $390 and $5000; jail time up to one year, or longer in state prison; license suspension for three years, probation for three to five years; participation in a DUI education program; and other penalties
  • 3rd or subsequent DUI with Injury — (Within 10 years of previous DUIs) — Fines between $390 and $5000; jail time of at least one year, or two, three, or four years in state prison (additional prison time for 4th or more DUI); license suspension for five years; probation for three to five years; designation as a habitual traffic offender; participation in a DUI education program; and other penalties

DUI with Injury is considered a ‘wobbler’ under California state law, meaning that it can be charged as either a misdemeanor or a felony depending on the circumstances of the incident. The penalties listed above apply to DUI or DUI with injury with no aggravating offenses. Many DUI arrests come with additional charges such as speeding, driving with a child under the age of 14, or driving on a suspended license. Any of these aggravating offenses can greatly increase the penalties driving under the influence.

Vehicle Code 23700: Ignition Interlock Devices Mandatory for DUI Convictions – Pilot Program in Sacramento County

Vehicle Code 23700 establishes pilot programs in Sacramento, Los Angeles, Alameda, and Tulare counties requiring all people convicted of DUI to install Ignition Interlock Devices (IIDs) on their vehicles beginning July 1, 2010. Note that DMV has issued a memo stating that the program applies to everyone convicted of DUI in these counties; the convicted person’s county of residence is not the determining factor. Therefore, a Yolo County resident convicted of DUI in Sacramento County would have to install IIDs on his vehicles. This test program runs through January 1, 2016, unless it is reauthorized, and possibly extended statewide, by the legislature and governor.

Under this new law, people convicted of driving under the influence (California Vehicle Codes 23152 and 23153) in these four test counties must install IIDs on all vehicles they use. The required period of installation depends on whether the driver has prior DUIs:

  • First Offense – 5 months
  • Second Offense – 12 months
  • Third Offense – 24 months
  • Fourth Offense – 36 months
  • A high BAC or being charged with driving on a suspended license from a DUI can enhance the amount of time the IID is required.

People convicted of DUI involving injury to another person (California Vehicle Code 23153) must install IIDs on all vehicles they use for these periods of time:

  • First Offense – 12 months
  • Second Offense – 24 months
  • Third Offense – 36 months
  • Fourth Offense – 48 months

Be aware, however, that as of January 1, 2012, judges have the discretion to suspend driving privileges for up to 10 years for people convicted of three or more DUIs within a 10 year period (AB 1601).

DMV Hearings

If you have been arrested for DUI in California, you have 10 days to request a hearing with the Department of Motor Vehicles (DMV). If you fail to do this, you could lose your license. If you contact the DMV within 10 days of your arrest, they can issue a stay on your license suspension, which will allow you to drive up until the date of your hearing.