California DUI Penalties, Punishment and Sentencing

The penalties for driving under the influence (DUI) in California vary depending on two main factors: whether you have prior DUIs on your record,1 and whether anyone is injured as a result of your driving under the influence.2

Most drunk driving cases are prosecuted as misdemeanors, although DUI may be charged as a felony if someone is injured or you have four (4) or more prior DUIs on your record.3 Some convictions carry jail time for California DUIs.

This chart provides a basic summary of the penalties for California DUI4:

Type of California DUI

Jail/Prison Sentence

Fine

Driver's License Suspension or Revocation

DUI School

1st offense misdemeanor DUI

Up to 6 months in county jail

$390-1000

6 to 10 months (convertible to restricted license)

3 or 9 months

2nd offense misdemeanor DUI

96 hours to 1 year in county jail

$390-1000

2 years (convertible to restricted license after 12 months)

18 or 30 months

3rd offense misdemeanor DUI

120 days to 1 year in county jail

$390-1000

3 years (convertible to restricted license after 18 months)

30 months

DUI with injury (misdemeanor)

5 days to 1 year in county jail

$390-5000, plus restitution to injured parties

1 to 3 years

3, 18 or 30 months

DUI with injury (felony)

16 months to 16 years in state prison

$1015-5000, plus restitution to injured parties

5 years

18 or 30 months

Felony DUI

16 months, 2 years or 3 years in state prison

$390-1000

4 years

18 or 30 months

Type of California DUI

Penalties

1st offense misdemeanor DUI

Up to 6 months in county jail; $390-1000 in fines; driver's license suspension for 6 to 10 months; 3 or 9 months of DUI school

2nd offense misdemeanor DUI

96 hours to 1 year in county jail; $390-1000 in fines; driver's license suspension for 2 years; 18 or 30 months of DUI school

3rd offense misdemeanor DUI

120 days to 1 year in county jail; $390-1000 in fines; driver's license suspension for 3 years; 30 months of DUI school

DUI with injury (misdemeanor)

5 days to 1 year in county jail; $390-5000 in fines plus restitution to injured parties; driver's license suspension for 1 to 3 years; 3, 18 or 30 months of DUI school

DUI with injury (felony)

16 months to 16 years in state prison; $1015-5000 in fines plus restitution to injured parties; driver's license suspension for 5 years; 18 or 30 months of DUI school

Felony DUI

16 months, 2 years or 3 years in state prison; $390-1000 in fines; driver's license suspension for 4 years; 18 or 30 months of DUI school

 As you can see from the chart above, California DUIs are "priorable" offenses. This means that the consequences of a DUI conviction get more serious with each successive drunk driving conviction that takes place within a ten-year period.5

This ten-year timeframe is otherwise known as a "washout" or "lookback" period and also includes (1) California "wet reckless" convictions, and (2) out-of-state convictions that, if committed in California, would constitute a DUI.

Glass-of-whiskey-beside-car-keys-and-handcuffs-representing-DUI-penalties
Some forms of DUI do carry significant jail time as a potential penalty.

Below, our California DUI defense lawyers will provide a comprehensive guide to the various penalties, punishments and sentences that may be imposed in connection with California's DUI offenses by addressing the following:

If after reading this article you have more questions about the penalties for DUI in California or would like to discuss your case with a DUI defense attorney, we invite you to contact us at one of our local DUI law offices.

1. What are the Penalties for a First Offense Misdemeanor California DUI?

When a defendant is convicted of driving under the influence in California for the first time, the potential penalties are as follows6:

  • Informal (otherwise known as "summary") probation for three to five years,
  • Up to six months in a county jail,
  • Between $390-$1,000 in fines,
  • A three- or nine-month court-approved alcohol and/or drug education program (AB541 class),
  • A six- to ten-month driver's license suspension that generally may be converted to a "restricted license"7.  A restricted license enables you to drive during the course of your employment, and to and from work, school, and/or California DUI school.

Example: The Los Angeles City Attorney offers the following sentence to those who have been convicted of their first DUI in the city of Los Angeles, when no aggravating factors exist:

  • Three years of summary probation,
  • A $390 fine (which could be converted to 13 days of Cal-Trans roadside work or 13 days of jail), and
  • A three-month AB541 drug/alcohol program

Please note that once you are arrested for any California DUI, you only have ten days to request a DMV hearing from the California Department of Motor Vehicles.  This request postpones your license suspension until the resolution of the hearing and may even result in your license suspension being set aside.

If you hire a California DUI attorney within that ten-day period, he/she can request the hearing for you--and represent you at the hearing.

California-drivers-license
Challenging the suspension of your driver's license with the DMV is an important part of minimizing your DUI penalties.

2. What is the Punishment for a Second Offense Misdemeanor California DUI?

The consequences of a second California DUI conviction within ten years include8:

  • Three to five years of summary probation,9
  • A minimum of 96 hours to a maximum of one year in a county jail,
  • Between $390-$1,000 in fines,
  • Completion of an 18-month or 30-month court-approved California DUI school, and
  • A two-year driver's license suspension that, after twelve months, may be converted to a restricted license.10

Example:  Different counties set different "standard sentences" for second time DUI. A San Bernardino County District Attorney in the Rancho Cucamonga office would attempt sentence a person convicted of his/her second DUI (with no aggravating circumstances) to the following:

  • Three to five years of summary probation,
  • 45 days in San Bernardino county jail (or work release),
  • A $390 fine, plus court assessments, and
  • An 18-month drug/alcohol program.

3. What are the Penalties for a Third Offense Misdemeanor California DUI?

California DUI punishment for a third conviction within ten years can include11:

  • Between three to five years of informal probation,12
  • A minimum of 120 days to a maximum of one-year in a county jail,
  • Between $390-$1,000 in fines,
  • Completion of a 30-month court-approved DUI education program, 
  • A three year California driver's license revocation which, after 18 months, may be converted to a restricted license, and
  • Designation as an "habitual traffic offender" (HTO) by the DMV.

Example:  A Ventura County District Attorney would attempt to sentence a person convicted of his/her third Ventura DUI (absent additional aggravating circumstances) to the following:

  • Five years of summary probation,
  • At least 120 days in the Ventura County Jail,
  • Approximately $3000 in fines13,
  • A 30-month drug/alcohol program, and
  • Installation of an Ignition Interlock Device (IID).  An IID is a mini breathalyzer instrument that attaches to your car that does not allow your car to start unless you provide an alcohol-free breath sample.
Car-key-in-ignition
The installation of an ignition interlock device is among the potential penalties for a California third-time DUI.

4. What is the Punishment for a DUI with Injury?

A California DUI with injury under Vehicle Code 23153 VC is a "wobbler", which means that it may be charged as either a misdemeanor or a felony, depending on (1) the circumstances of your arrest, and (2) your criminal history.

If you are convicted of a DUI where a person other than yourself suffered an injury, you are subject to the following14:

Misdemeanor DUI with injury

  • Three to five years of summary probation15,
  • Five days to one year in a county jail16,
  • $390-$5,000 in fines17,
  • A three, 18, or 30-month alcohol program18,
  • A one to three-year driver's license restriction19, and
  • Restitution to all injured parties20.

Felony DUI with injury

  • Sixteen months to ten years in the California State Prison21 and an additional and consecutive one to six year prison sentence, depending on (1) how many people you injured22, and (2) the extent of their injuries23,
  • A possible "strike" on your record pursuant to California's Three Strike's Law,
  • Between $1,015-$5,000 in fines24,
  • An 18 to 30-month alcohol/drug program25,
  • Habitual Traffic Offender (HTO) status for three years26, and
  • Restitution to all injured parties27.

5. What are the Penalties for a California Felony DUI?

California felony DUI is typically charged if someone acquires four or more DUI convictions within a ten-year period. The penalties for felony DUI may include:28

  • Sixteen months, or two or three years in the California State Prison,
  • Between $390-$1,000 in fines,
  • A four-year California driver's license revocation, and/or
  • Designation as an "HTO" by the DMV.
state-prison-inmates-wearing-orange
A potential state prison sentence is one of the potential California felony DUI penalties.

California DUIs that result in death are sentenced very differently.  Penalties for these offenses may lead to lifetime imprisonment and a "strike" on your record pursuant to California's Three Strikes law.

6. Additional "Conditions of Probation" for California DUI

In addition to the DUI penalties described above, when California courts impose a DUI sentence that includes probation, the following conditions are always included29:

  • You shall not drive with any measurable amount of alcohol in your blood.
  • You shall not refuse to submit to a chemical test of your blood, breath, or, in rare cases urine, if arrested for a subsequent DUI.
  • You shall not commit any additional crimes.

Depending on the circumstances, the following conditions of probation may be imposed:

  • Attendance in Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings,
  • Participation in the Mothers Against Drunk Driving (MADD) Victim Impact Program,
  • Restitution (in the event that you caused an accident while driving under the influence), and/or
  • Installation of an Ignition Interlock Device (IID) on any car you own or operate for a maximum four-year period.  If you are convicted of your DUI in Los Angeles, Alameda, Tulare or Sacramento County, IID installation is mandatory.  However, in all other counties, installation is at the judge's discretion.30

Violation of these terms can result in the consequences associated with California DUI probation violations.31

7. Aggravating Factors that May Increase Your California DUI Sentence

There are facts and circumstances that, if present at the time you are arrested for driving under the influence, will increase your DUI county jail or state prison sentence.  These aggravating facts will increase your DUI penalties, regardless of whether you've been convicted of a first, second, third, or subsequent DUI.

The most common of these include:

What type of enhanced penalty you receive for any of these aggravating factors will depend on (1) the exact circumstances of your California DUI arrest, and (2) your criminal history (with emphasis on your prior DUI history).

Car-speedometer
California DUI penalties may be enhanced if you are found to have driven under the influence at excessive speeds.

8. Are There Alternative Sentencing Options for a California DUI?

"Alternative" sentencing options are alternatives to a county jail or California State Prison sentence for a DUI conviction.  When imposed in connection with a California DUI, these sentencing alternatives may include:

  • Cal-Trans roadside work,
  • Community service,
  • Electronic monitoring or house arrest,
  • Residence in a sober-living environment,
  • Incarceration in a private or city jail, such as the Hawthorne Jail.38

Lawyers who don't specialize in California DUI defense may not even know that these California DUI sentencing alternatives exist--and if they do, they may not know the most effective ways to convince the prosecutor and/or judge to agree to them.  This is just one reason why it is so important to hire specifically a DUI defense lawyer to defend your California drunk driving case and help you minimize your California DUI penalties

Hiring an experienced DUI attorney to represent you in court and at your DMV hearing is invaluable to helping you avoid the harsh consequences of a California DUI conviction.

Call us for help . . . 

DUI-defense-firm-call-center

If you or loved one is in need of help with DUI penalties and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

For information about Nevada DUI penalties, go to our article on Nevada DUI penalties.

¿Habla español? Visite nuestro sitio Web en español sobre sanciones por DUI en California.


Legal References:

  1. California Vehicle Code 23622 VC -- Violations of 23152 or 23153 within 10 years of specified offenses; effect upon sentencing [California DUI penalty statute discussing effect of prior convictions on sentencing].  
  2. Much like a typical DUI, the penalties for a California DUI with injury under Vehicle Code 23153 VC depend on whether it is your first, second, or subsequent offense.  First and second offenses are generally prosecuted as misdemeanors and will be detailed as such for purposes of this penalty section (which is why the range of penalties listed is so extreme).  Second and subsequent offenses will be detailed as felony offenses under this section.
  3. California felony DUI may be charged if (1) it's a fourth offense DUI, (2) an injury was caused to a third party, or (3) the defendant had a prior felony DUI for any reason.
  4. The penalties listed here are set forth in California's main DUI penalty laws: VC 23536, VC 23540, VC 23646, and VC 23566. 
  5. California Vehicle Code 23622 VC -- Violations of 23152 or 23153 within 10 years of specified offenses; effect upon sentencing [California DUI penalty statute discussing effect of prior convictions on sentencing], endnote 1 above.
  6. California Vehicle Code 23536 VC -- DUI penalties. Conviction of first violation of 23152; punishment.  ("(a) If a person is convicted of a first violation of Vehicle Code 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000)...(c) The person's privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.")

    See also California Vehicle Code 23538 VC -- DUI sentencing. Conditions of probation for first time offense.  ("(a)(1) If the court grants probation to person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court...may [italics added] also impose, as a condition of probation, that the person be confined in a county jail for at least 48 hours, but not more than six months. (b) In any county where the board of supervisors has approved, and the State Department of Alcohol and Drug Programs has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver's county of residence or employment, as designated by the court.")

    See also California Vehicle Code 23600 VC -- DUI penalties. Conviction and pronouncement of sentence for violations of Vehicle Code 23152 or 23153; probation; minimum confinement or fine; violation of probation.  ("(b) If any person is convicted of a violation of VC 23152 or VC 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following: (1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years.")

  7. See Vehicle Code 23536 VC, DUI penalties, subdivision "d". ("(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver's license required under Section 13352.4.")
  8. California Vehicle Code 23540 VC -- DUI punishments. Second offense; punishment.  ("(a) If a person is convicted of a violation of Vehicle Code 23152 and the offense occurred within 10 years of a separate violation of Vehicle Code 23103, as specified in VC 23103.5, VC 23152, or VC 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.

    See also California Vehicle Code 23542 VC -- DUI penalties. Conditions of probation for second offense.  ("(a)(1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following: (A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). (B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively...(b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following: (1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court...(2) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. ")

  9. California Vehicle Code 23600 VC -- DUI sentencing. Conviction and pronouncement of sentence for violations of Vehicle Code 23152 or 23153; probation; minimum confinement or fine; violation of probation.  ("(b) If any person is convicted of a violation of VC 23152 or VC 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following: (1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years.")
  10. California Vehicle Code 23540 VC -- DUI penalties. Second offense; punishment; subdivision "b".  ("(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver's license required under Section 13352.5.")
  11. California Vehicle Code 23546 VC -- DUI punishments. Third offense; punishment.  ("(a) If a person is convicted of a violation of Vehicle Code 23152 and the offense occurred within 10 years of two separate violations of Section 23103 VC, as specified in Section 23103.5 VC, 23152 VC, or 23153 VC, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her driver's license to the court in accordance with Section 13550. (b) A person convicted of a violation of VC 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.

    See also California Vehicle Code 23548 VC -- DUI penalties. Conditions of probation for third offense.  ("(a)(1) If the court grants probation to any person punished under Section 23546, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000)...(b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.")

  12. See endnote 9, above.
  13. The fines for a Ventura DUI  are calculated differently from other counties - all penalties and other additional assessments are included and are typically higher than in other counties.
  14. See endnote 2, above.
  15. See endnote 9, above.
  16. California Vehicle Code 23556 VC -- DUI sentencing. Conditions of probation for first offense.  ("(a)(1) If the court grants probation to any person punished under Section 23554, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person be confined in the county jail for at least five days but not more than one year...")
  17. See above, ("[T]he court shall impose as a condition of probation that the person...pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).")

    See also California Vehicle Code 23562 VC -- DUI punishments. Conditions of probation for second offense.  ("[T]he court shall impose as conditions of probation that the person...pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000).")

  18. See California Vehicle Code 23556 VC, DUI penalties, subdivision "b".  ("(b)(1) In a county where the county alcohol program administrator has certified, and the board of supervisors has approved, a program or programs, the court shall also impose as a condition of probation that the driver shall participate in, and successfully complete, an alcohol and other drug education and counseling program, established pursuant to Section 11837.3 of the Health and Safety Code, as designated by the court.")

    See also California Vehicle Code 23562 VC-- DUI penalties. Conditions of probation for second offense.  ("If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to...(4) Either of the following: (A) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment, as designated by the court...(B) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment.")

  19. See California Vehicle Code 23556 VC -- DUI sentencing. Conditions of probation for first offense.  ("(2) The person's privilege to operate a motor vehicle shall be suspended by the department under paragraph (2) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.")

    See also California Vehicle Code 23562 VC-- DUI penalties. Conditions of probation for second offense.  ("The person's privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.")

  20. California Penal Code 1203.1 PC-- Probation; suspension of sentence; imprisonment; fines; conditions; modifications [applies to restitution as part of penalties for DUI].  ("(3) The court shall provide for restitution in proper cases. The restitution order shall be fully enforceable as a civil judgment forthwith and in accordance with Section 1202.4 of the Penal Code.")
  21. California Vehicle Code 23566 VC-- DUI punishments. Three or more offenses; punishment.  ("(a) If a person is convicted of a violation of Vehicle Code 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years... (c) If a person is convicted under subdivision (b), and the offense for which the person is convicted occurred within 10 years of four or more separate violations of Section 23103 vc, as specified in Section 23103.5 vc, or Section 23152 vc or 23153 vc, or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years.")
  22. California Vehicle Code 23558 VC -- [Penalties for DUI] Causing bodily injury or death to more than one victim while driving in violation of specified sections; felony convictions; enhancement of punishment.  ("A person who proximately causes bodily injury or death to more than one victim in any one instance of driving in violation of Vehicle Code 23153 of this code...receives an enhancement of one year in the state prison for each additional injured victim. The enhanced sentence provided for in this section shall not be imposed unless the fact of the bodily injury to each additional victim is charged in the accusatory pleading and admitted or found to be true by the trier of fact. The maximum number of one year enhancements that may be imposed pursuant to this section is three.")
  23. California Penal Code 12022.7 -- Terms of imprisonment for persons inflicting great bodily injury while committing or attempting felony.  ("(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.")
  24. California Vehicle Code 23566 VC-- DUI penalties. Three or more offenses; punishment.  ("If a person is convicted of a violation of Vehicle Code 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103 vc, as specified in Section 23103.5 vc, or Section 23152 vc or 23153 vc, or any combination of these violations, that resulted in convictions, that person shall be punished by...a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000).")
  25. California Vehicle Code 23568 VC-- DUI Probation. Additional conditions of probation for persons punished under VC 23566. ("(b) In addition to Section 23600 and subdivision (a), if the court grants probation to a person punished under Section 23566, the court shall impose as a condition of probation that the person enroll in and complete, subsequent to the date of the underlying violation and in a manner satisfactory to the court, an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code or, if available in the county of the person's residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court.")
  26. California Vehicle Code 23566 VC -- DUI sentencing. Three or more offenses; punishment.  ("(d) A person convicted of Vehicle Code 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.")
  27. California Vehicle Code 23568 VC -- Additional conditions of probation for persons punished under VC 23566 [DUI with injury probation].  ("(a) If the court grants probation to a person punished under Section 23566, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person...make restitution or reparation pursuant to Section 1203.1 of the Penal Code.")
  28. California Vehicle Code 23550 VC -- DUI penalties. Multiple offenses; punishment.  ("(a) If a person is convicted of a violation of Vehicle Code 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103 vc, as specified in Section 23103.5 vc, or Section 23152 vc or 23153 vc, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1, 000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (b) A person convicted of a violation of Section 23152 vc punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.")

    See also California Vehicle Code 23552 VC -- DUI sentencing. Additional conditions of probation for multiple offenders.  ("(b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23550, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code... (c) In addition to the provisions of Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23550 who has not previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in, and complete, a program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll in and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court.")

  29. California Vehicle Code 23600 VC. Conviction and pronouncement of sentence for violations of VC 23152 or VC  23153; probation; minimum confinement or fine; violation of probation [DUI probation].  ("(b) If any person is convicted of a violation of Vehicle Code 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following: (1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years; provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be suspended and terms of probation enforced may be for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced. (2) A requirement that the person shall not drive a vehicle with any measurable amount of alcohol in his or her blood. (3) A requirement that the person, if arrested for a violation of Section 23152 or 23153, shall not refuse to submit to a chemical test of his or her blood, breath, or urine, pursuant to Section 23612, for the purpose of determining the alcoholic content of his or her blood. (4) A requirement that the person shall not commit any criminal offense.")
  30. California Vehicle Code 23575 VC -- DUI penalties. Court-mandated use of ignition interlock device.  ("(a)(1) In addition to any other provisions of law, the court may require that a person convicted of a first offense violation of [California Vehicle Code] Section 23152 or 23153 install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction.")

    See also California Vehicle Code 23700 VC -- Pilot program to reduce driving under the influence offenses; establishment in Alameda, Los Angeles, Sacramento, and Tulare Counties. 

  31. Probation is typically imposed in connection with a California DUI sentence.  Probation allows you to avoid incarceration (or to have a lighter jail sentence) if you agree to fulfill your court-ordered obligations. Failure to comply with these requirements may result in a California DUI probation violation, subjecting you to jail time.
  32. California Vehicle Code 23578 VC -- DUI punishments. Conviction of violation of Vehicle Code 23152 or  23153; alcohol concentration or refusal to take chemical test as special factor; penalty enhancement or probation.  ("In addition to any other provision of this code, if a person is convicted of a violation of vc 23152 or vc 23153, the court shall consider a concentration of alcohol in the person's blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.")
  33. See above.

    See also California Vehicle Code 23577 VC -- DUI penalties. Willful refusal to submit to or failure to complete chemical test by person convicted of driving under the influence of alcohol or drugs; penalties.

    In addition, Vehicle Code 13353 VC permits the DMV to suspend your driver's license for a period of one to three years, depending on whether it is your first, second, or subsequent DUI conviction.

  34. Many counties will impose an additional county jail sentence for DUI if you caused an accident, even though the accident did not result in injury.
  35. California Vehicle Code 23582 VC -- Driving under the influence; addition penalty for excessive speed and reckless driving during commission of offense; additional punishment.  
  36. California Vehicle Code 23572 VC -- DUI sentencing. Conviction of violation of Vehicle Code 23152; minor in vehicle; enhanced punishment.

    See also California Penal Code 273a -- Child endangerment [may be charged in addition to California DUI]

  37. If you are under 21 at the time of your DUI conviction, you will additionally be convicted of Vehicle Code 23136 (a civil offense under California's zero tolerance policy) and of an infraction under Vehicle Code 23140 (driving with a BAC of 0.05% to 0.07%).
  38. The Hawthorne Jail offers a work release program in which inmates can work at the jail during the day and go home at night. If you qualify for this program, you avoid having to spend the night in jail as part of your punishment for a California DUI.

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