California DUI Penalties, Punishment and Sentencing

Our California DUI defense lawyers are former prosecutors and DUI enforcement officers. We help clients fight drunk driving cases throughout the state, including Los Angeles, San Francisco, Oakland, Ventura, San Bernardino, Riverside, and in all surrounding cities.

Punishment, Penalties, and Sentences for California Misdemeanor and Felony DUI

California DUIs are "priorable" offenses. This means that the punishment increases with each successive drunk driving conviction that takes place within a ten-year period.1 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.

California DUI penalties can be severe, depending on whether you're facing your first, second, third, or subsequent driving under the influence conviction.  Most drunk driving cases are prosecuted as misdemeanors, although certain offenses will rise to the level of California felony DUI.2

Although there are a few charges that are commonly reduced from California DUIs during DUI plea bargaining (for example, a "wet" reckless,3dry reckless4, or exhibition of speed or "speed ex"5), this article specifically details punishments and penalties that are for actual driving under the influence convictions.

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

Punishment and Sentencing for a Misdemeanor California DUI -- First Offense
Penalties and Punishment for a Misdemeanor California DUI -- Second Offense
Penalties and Sentencing for a Misdemeanor California DUI -- Third Offense
Penalties and Punishment for a DUI with Injury
Punishment and Sentencing for a California Felony DUI
Additional Conditions of Probation for California DUIs
Aggravating Factors that may Increase Your California DUI Sentence
Are There Alternative Sentencing Options for a California DUI?

If after reading this article you have more questions 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.

Punishment and Sentencing for a Misdemeanor California DUI -- First Offense

When convicted of driving under the influence 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.

Penalties and Punishment for a Misdemeanor California DUI -- Second Offense

A second driving under the influence conviction within ten years will trigger the following sentence8:

  • Three to five years of summary probation9
  • 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
  • A two-year driver's license suspension that, after twelve months, may be converted to a restricted license10

Example:  Different counties set different "standard sentences" for second time DUI. A San Bernardino District Attorney in the Rancho Cucamonga office would 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
Penalties and Sentencing for a Misdemeanor California DUI -- Third Offense

If you are convicted of drunk driving for a third time within ten years, you face the following California DUI punishment11:

  • Between three to five years of informal probation12
  • 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
  • Designation as an "habitual traffic offender" (HTO) by the DMV

Example:  A Ventura County District Attorney would 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.
Penalties and 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.
Punishment and Sentencing for a California Felony DUI

The following is an example of the type of sentence you face if convicted of felony driving under the influence for acquiring four or more DUI convictions within a ten-year period28.

  • 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
  • Designation as an "HTO" by the DMV

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.

For a more detailed explanation about California felony DUIs and their corresponding penalties, please review our article on California felony DUI.

Additional "Conditions of Probation" for California DUI

In addition to the above stated penalties, 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)
  • 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 discretion30

For a more complete discussion, visit our page on California DUI probation violations.31

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 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).

Are There Alternative Sentencing Options for a California DUI?

"Alternative" sentencing options are alternatives to a county jail or California State Prison sentence.  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 Jail38

Lawyers who don't specialize in California DUI defense may not even know that these 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.

Hiring an experienced DUI attorney to represent you in court and at your DMV hearing is invaluable to helping you avoid the harsh penalties that can flow from a California DUI conviction.

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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.

Legal References:

1California Vehicle Code 23622 -- Violations of � 23152 or � 23153 within 10 years of specified offenses; effect upon sentencing.  ("(a) In any case charging a violation of Section 23152 or 23153 and the offense occurred within 10 years of one or more separate violations of Section 23103, as specified in Section 23103.5, that occurred on or after January 1, 1982, 23152, or 23153, or any combination thereof, that resulted in convictions, the court shall not strike any separate [DUI] conviction of those offenses for purposes of sentencing in order to avoid imposing, as part of the sentence or term of probation, the minimum time of imprisonment and the minimum fine, as provided in this chapter, or for purposes of avoiding revocation, suspension, or restriction of the privilege to operate a motor vehicle, as provided in this code. (b) In any case charging a violation of Section 23152 or 23153, the court shall obtain a copy of the driving record of the person charged from the [California] Department of Motor Vehicles and may obtain any records from the Department of Justice or any other source to determine if one or more separate violations of Section 23103, as specified in Section 23103.5, that occurred on or after January 1, 1982, 23152, or 23153, or any combination thereof, that resulted in convictions, have occurred within 10 years of the charged offense. The court may obtain, and accept as rebuttable evidence, a printout from the Department of Motor Vehicles of the driving record of the person charged, maintained by electronic and storage media pursuant to Section 1801 for the purpose of proving those separate violations. (c) If any separate convictions of violations of Section 23152 or 23153 are reported to have occurred within 10 years of the charged offense, the court shall notify each court where any of the separate convictions occurred for the purpose of enforcing terms and conditions of probation pursuant to Section 23602.")

2California 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.

3Pursuant to California Vehicle Code 23103.5, a wet reckless is a reckless driving that functions as a prior DUI on your record. If you sustain a wet reckless conviction, and get charged with a subsequent DUI during the following 10 years, courts treat the new DUI charge as a second offense when imposing California DUI penalties.

4California Vehicle Code 23103 defines reckless driving.  If, after being charged with a DUI, you plead guilty or no contest to this charge, it is referred to as a dry reckless, as opposed to a "wet" reckless.

5California Vehicle Code 23109(c) exhibition of speed or "speed ex" is a charge that is commonly bargained for during DUI plea bargaining.  Although it has nothing to do with DUI per se, it acts as a signal to other prosecutors and law enforcements officers that you were initially arrested for a DUI.

6California Vehicle Code 23536 -- 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 -- 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 -- 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.")

7See Vehicle Code 23536, endnote 6 above, 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.")

8California Vehicle Code 23540 -- 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 -- 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. ")

9California Vehicle Code 23600 -- 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.")

10California Vehicle Code 23540 -- DUI penalties. Second offense; punishment; endnote 9, above, 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.")

11California Vehicle Code 23546 -- 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 -- 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.")

12See endnote 9, above.

13The fines imposed in connection with Ventura DUI cases are calculated differently from other counties - all penalties and other additional assessments are included and are typically higher than in other counties.

14Much like a typical DUI, a California DUI with injury under Vehicle Code 23153 vc is sentenced based 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.

15See endnote 9, above.

16California Vehicle Code 23556 -- 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...")

17See 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 -- 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).")

18See California Vehicle Code 23556, 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 -- 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.")

19See California Vehicle Code 23556 -- 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 -- 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.")

20California Penal Code 1203.1 -- Probation; suspension of sentence; imprisonment; fines; conditions; modifications.  ("(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.")

21California Vehicle Code 23566 -- 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.")

22California Vehicle Code 23558 -- 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.")

23California 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.")

24California Vehicle Code 23566 -- 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).")

25California Vehicle Code 23568 -- DUI Probation. Additional conditions of probation for persons punished under � 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.")

26California Vehicle Code 23566 -- 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.")

27California Vehicle Code 23568 -- Additional conditions of probation for persons punished under � 23566.  ("(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.")

28California Vehicle Code 23550 -- 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 -- 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.")

29California Vehicle Code 23600. Conviction and pronouncement of sentence for violations of � 23152 or � 23153; probation; minimum confinement or fine; violation of 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.")

30California Vehicle Code 23575 -- 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.  ("(a) Notwithstanding any other provision of law, the Department of Motor Vehicles shall establish a pilot program in the Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce the number of first-time violations and repeat offenses of Sections 23152 and 23153, as follows: (1) The Department of Motor Vehicles, upon receipt of the court's abstract conviction for a violation listed in paragraph (7), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code. (2) The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid driver's license. (3) Before a driver's license may be issued, reissued, or returned to a person after a suspension or revocation of that person's driving privilege that requires the installation of an ignition interlock device, a person who is notified by the department pursuant to paragraph (1) shall complete all of the following: (A) Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386. (B) Notify the department and provide to the department proof of installation by submitting the "Verification of Installation" form described in paragraph (2) of subdivision (g) of Section 13386. (C) Pay the fee, determined by the department, that is sufficient to cover the costs of administration of this section.  (4) The department shall place a restriction on the driver's license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device. (5)(A) A person who is notified by the department pursuant to paragraph (1) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. (B) The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. (6) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to paragraph (1). (7) A person is required to install an ignition interlock device for the applicable term as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation or a suspension of a person's driver's license, as follows: (A) A person convicted of a violation of Section 23152 shall be required to install an ignition interlock device, as follows: (i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of five months. (ii) Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months. (iii) Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months. (iv) Upon a fourth offense or any subsequent violation, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months. (B) A person convicted of a violation of Section 23153 shall install an ignition interlock device, as follows: (i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months. (ii) Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months. (iii) Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months. (iv) Upon a fourth offense or any subsequent violation, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 48 months. (C) The terms prescribed in this paragraph shall begin once a person has provided to the department proof of installation pursuant to paragraph (2) of subdivision (h) of Section 13386 and upon restoration of the driving privilege pursuant to Section 13352. (8) A person who is notified by the department, pursuant to this subdivision, is exempt from the requirements of this subdivision if within 30 days of the notification, the person certifies to the department all of the following: (A) The person does not own a vehicle. (B) The person does not have access to a vehicle at his or her residence. (C) The person no longer has access to the vehicle being driven by the person at the time he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in this subdivision. (D) The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with a functioning ignition interlock device. (E) The person acknowledges that he or she is required to have a valid driver's license before he or she can drive. (F) The person is subject to the requirements of this section when he or she purchases or has access to a vehicle. (9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to this section. (10) If a person fails to comply with any of the requirements regarding ignition interlock devices, the mandatory term for which the ignition interlock device is required to be installed shall be reset by the department.  (b)(1) Every manufacturer and manufacturer's agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the ignition interlock device by offenders subject to this chapter in amounts commensurate with that person's income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code: (A) A person with an income at 100 percent of the federal poverty level and below is responsible for 10 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person. (B) A person with an income at 101 to 200 percent of the federal poverty level is responsible for 25 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person. (C) A person with an income at 201 to 300 percent of the federal poverty level is responsible for 50 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person. (D) All other offenders are responsible for 100 percent of the cost of the ignition interlock device. (2) The cost of the ignition interlock device may only be raised annually equal to the Consumer Price Index. (3) The offender's income may be verified by presentation of that person's current federal income tax return or three months of monthly income statements. (c) This section does not permit a person to drive without a valid driver's license. (d) The requirements of this section are in addition to any other requirements of law. (e) For the purposes of this section, "vehicle" does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period. (f) This section shall become operative on July 1, 2010.")

31Probation 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.

32California Vehicle Code 23578 -- 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.")

33See above.

See also California Vehicle Code 23577 -- 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...(a) If any person is convicted of a violation of Vehicle Code 23152 or 23153, and at the time of the arrest leading to that conviction that person willfully refused a peace officer's request to submit to, or willfully failed to complete, the chemical test or tests pursuant to Section 23612, the court shall impose the following penalties: (1) If the person is convicted of a first violation of Section 23152 vc, notwithstanding any other provision of subdivision (a) of Section 23538, the terms and conditions of probation shall include the conditions in paragraph (1) of subdivision (a) of Section 23538. (2) If the person is convicted of a first violation of Section 23153 vc, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and the execution of that sentence is not stayed. (3) If the person is convicted of a second violation of Section 23152 vc, punishable under Section 23540, or a second violation of Section 23153 vc, punishable under Section 23560, the punishment shall be enhanced by an imprisonment of 96 hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and execution of that sentence is not stayed. (4) If the person is convicted of a third violation of Section 23152 vc, punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted and no part of which may be stayed. (5) If the person is convicted of a fourth or subsequent violation of Section 23152 vc, punishable under Section 23550 or 23550.5, the punishment shall be enhanced by imprisonment of 18 days in the county jail, whether or not probation is granted and no part of which may be stayed.")

In addition, Vehicle Code 13353 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.

34Many counties will impose an additional county jail sentence if you caused an accident, even though the accident did not result in injury.

35California Vehicle Code 23582 -- Driving under the influence; addition penalty for excessive speed and reckless driving during commission of offense; additional punishment.  ("(a) Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail.")

36California Vehicle Code 23572 -- DUI sentencing. Conviction of violation of Vehicle Code 23152; minor in vehicle; enhanced punishment.  ("(a) If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed: (1) If the person is convicted of a violation of Section 23152 vc punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed. (2) If a person is convicted of a violation of Section 23152 vc punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed. (3) If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed. (4) If a person is convicted of a violation of Section 23152 vc which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed.

See also California Penal Code 273a -- Child endangerment.  ("(a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.")

37If 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%).

38The 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.

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