Getting a DUI is an unpleasant experience, to say the least. Most people think that if they have been cited for a DUI, they are basically doomed. This is not always the case. There are many factors that can affect a DUI charge. With the help of qualified legal counsel, it is possible to sometimes lessen the charges, strike a plea deal, or even have the charges dismissed altogether.
That said, if you are convicted of a DUI in California and it is your first offense, the penalties are:
- Up to 6 months in jail
- 3-5 years’ probation
- $390 to $1,000 fine
- 3 or 9-month alcohol or drug class
- 6-10 month license suspension, often changed to a restricted license (UPDATE 2019: Most drivers can continue driving without limitation if they get an ignition interlock device (IID) in their car for 6 months. California Senate Bill 1046 (2019))
If there are aggravating factors, these penalties will be more severe. Aggravating factors include:
- Refusal to take a chemical test
- Your involved in an accident
- Speeding
- Children (under 14 yrs. old) are in the vehicle
- You are under 21 yrs. old
If someone was hurt as a result of your DUI incident, the fines become far more serious. This offense is set out in California Vehicle Code 23153 VC. It is also called a “wobbler” which means that it can be classified as either a misdemeanor or a felony, depending on the particular circumstances of the case. The penalties for a misdemeanor include:
- 3-5 years probation
- 5 days to up to 1 year in jail
- $390 to $5,000 in fines
- Restitution
If it is classified as a felony, the penalties are:
- 2, 3, or 4 years in prison
- $1015 to $5,000 in fines
- Additional 3-6 years in prison if there was great bodily injury
- 18-30 months of DUI school (Read our article, “Does California DUI School work?“)
- 3 years of habitual traffic offender status
- 5-year license revocation (UPDATE 2019: Some drivers can continue driving without limitation if they get an ignition interlock device (IID) in their car for 6 months. California Senate Bill 1046 (2019))
Also read our article about IID requirements in California DUI cases.
