Client Intake Form

View a map of our
California offices

Southern California DUI Defense Attorneys

California DUI Penalties

A DUI defense lawyer not only seeks to get a DUI charge dismissed or reduced, but to get any of the DUI penalties minimized.

The penalties for a DUI in California vary depending on the BAC level, whether the driver has any prior DUI or wet reckless convictions, whether an accident occurred, and other factors surrounding the driving, the arrest and the impairment.

First Offense DUI Penalties

The range of penalties for a first-time DUI conviction are one to five years of misdemeanor probation, no jail time to as much as 180 days in jail, an alcohol program of either three or six months, a 90 day drivers license restriction and a fine of $390 to $1000 plus county assessments.

The California DMV will normally impose a four month drivers license restriction if the person's BAC level was 0.08 or higher (unless the driver wins his DMV hearing). After the first month, the driver can change the suspension to a restriction that allows him to drive in the course of employment.

Second Offense DUI Penalties

The penalties become substantially higher for second offense DUI conviction in California. Over and above the first offense penalties, the court must impose a minimum four days continuous jail time and can impose up to a year of jail. Moreover, the driver's license will be suspended by the court for one year and by the DMV for two years, and the driver must complete an 18 month alcohol class.

Some California jurisdictions now impose standard minimum jail sentences for second and third offense DUI convictions. San Bernardino courts, for example, typically impose 30 days jail for a second offense DUI, 45 days jail if the defendant is still on probation from the first DUI. San Bernardino imposes 120 days jail on a third time DUI (the statutory minimum), 180 if probation is still pending from one of the DUI priors.

Third Offense DUI Penalties

The penalties for a third offense DUI conviction in California rise dramatically. In addition to the penalties above, the court is required by law to give the defendant at least 120 days county jail-but may give up to a year. Also, the drivers license will be suspended for three years and the defendant must complete at least an 18 month alcohol treatment program.

DUI Defense for Repeat Offenders

Obviously, the stakes are higher for someone accused of a repeat DUI offense. The need for an aggressive and creative DUI defense lawyer is critical. The defendant faces jail time and the loss of a license that may be necessary for his or her livelihood.

The California DUI defense lawyer usually takes any of three approaches. One is to fight the current DUI charge and seek to get it dismissed, which would negate any of these extreme penalties. Second is to convince the prosecutor to "strike" one or more of the DUI priors-for example, to treat a second DUI offense as a first time DUI. Third, as a last resort, would be to secure a treatment option as opposed to jail. A person sentenced to 120 days jail on a third time DUI, for example, might be able to serve the time in a treatment center rather than the county jail.

Other Internet Resources

Drug and Alcohol Treatment and Prevention
Extensive resources and information for the treatment of alcohol and drug dependency.

Alcohol Rehabilitation
Database of the nation's alcohol abuse recover centers.

MADD Los Angeles
Los Angeles Chapter of Mothers Against Drunk Driving

Return to Drunk Driving