California DUI Laws, Penalties and Sentencing

Updated December 9, 2020

California has two primary DUI laws for adult drivers: Vehicle Code 23152(a) VC, which makes it illegal to drive under the influence of alcohol, and Vehicle Code 23152(b) VC, which makes it illegal to drive with a BAC of .08% or greater. Most people arrested for DUI in California get charged with both of these sections.

Driving under the influence of drugs is addressed in Vehicle Code 23152(f) VC.

The penalties for driving under the influence (DUI) vary depending on two main factors:

1. whether you have prior DUIs on your record,¹ and
2. whether anyone is injured as a result of your driving under the influence.²

Most DUI cases are prosecuted as misdemeanors. But the offense 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. In many cases, defendants can continue driving as long as they have an ignition interlock device (IID) installed.

This chart provides a basic summary of DUI penalties in California: ⁴

Type of California DUI	Jail/Prison Sentence	Fine	Mandatory IID period	DUI School
1st offense misdemeanor DUI	Up to 6 months in county jail	$390-1000	6 months (the IID is usually not mandatory for a first-time DUI, but with no IID the DMV would suspend the person’s license for 4 months; after 30 days, the defendant could get a restricted license allowing him/her to drive to and from work for 5 months)	3 or 9 months
2nd offense misdemeanor DUI	96 hours to 1 year in county jail	$390-1000	1 year (if the defendant chooses not to get an IID, the license suspension period is 2 years; after 1 year, the defendant can get a restricted license allowing him/her to drive to and from work for 1 year)	SB 38 18 or 30 months
3rd offense misdemeanor DUI	120 days to 1 year in county jail	$390-1000	2 years (if the defendant chooses not to get an IID, the license suspension period will be 3 years)	30 months
DUI with injury (misdemeanor)	5 days to 1 year in county jail	$390-5000, plus restitution to injured parties	6 months (if the defendant chooses not to get an IID, the license suspension period will be 1 year)	3, 18 or 30 months
1st offense DUI with injury (felony)	16 months to 16 years in state prison	$1015-5000, plus restitution to injured parties	1 year	18 or 30 months
Felony DUI	16 months, 2 years or 3 years in state prison	$390-1000	up to 5 years of driver’s license suspension	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 4 to 10 months (but the defendant may be able to drive immediately if he/she gets an IID for 6 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 (or instead the defendant can drive with an IID for 1 year); 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 (or instead the defendant can drive with an IID for 2 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 (or instead the defendant can drive with an IID for 6 months); 3, 18 or 30 months of DUI school
1st offense 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 1 year (or instead the defendant can drive with an IID for 1 year); 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 up to 5 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.

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

• 1. What are the Penalties for a First Offense Misdemeanor California DUI?
• 2. What is the Punishment for a Second Offense Misdemeanor California DUI?
• 3. What are the Penalties for a Third Offense Misdemeanor California DUI? 
• 4. What is the Punishment for a DUI with Injury?
• 5. What are the Penalties for a California Felony DUI?
• 6. Additional Conditions of Probation
• 7. Aggravating Factors that May Increase Your Sentence
• 8. Are There Alternative Sentencing Options for a California DUI?

If after reading this article you have more questions, 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 for a first offense DUI are as follows⁶:

• Informal (otherwise known as “summary”) probation for three to five years,
• Up to six months in county jail,
• Between $390-$1,000 in fines,
• A three- or nine-month court-approved alcohol and/or drug education program (AB541 class),
• The judge may order that the defendant install an IID in his/her car for six months in order to be able to continue to drive without restrictions. Otherwise, the defendant will have 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 drunk driving offense, 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 administrative per se hearing and may even result in your license suspension being set aside.

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

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

The consequences of a second California drunk driving 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 county jail,
• Between $390-$1,000 in fines,
• Completion of an 18-month or 30-month court-approved California DUI school, and
• Mandatory installation of an ignition interlock device (IID) for one year, during which time the defendant can drive anywhere; otherwise, the DMV will suspend the defendant’s license for two years that may be converted to a restricted license after one year.¹⁰

Example:  Different counties set different “standard sentences” for second time drunk driving conviction. A San Bernardino County District Attorney in the Rancho Cucamonga office would attempt to 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’s punishment for a third drunk driving 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 county jail,
• Between $390-$1,000 in fines,
• Completion of a 30-month court-approved DUI education program,
• Mandatory IID installation for two years, during which time the defendant can drive anywhere; otherwise, the DMV will suspend the defendant’s license for three years that may be converted to a restricted license after 18 months, and
• Designation as a “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, and
• A 30-month drug/alcohol treatment program

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

Drunk driving causing 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 drunk driving where a person other than yourself suffered an injury, you are subject to the following under California law:¹⁴

Misdemeanor driving under the influence 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,
• Mandatory IID for six months in order to be able to continue to drive without restrictions; otherwise, the defendant will have a one-year driver’s license suspension¹⁹, and
• Restitution to all injured parties²⁰.

Felony driving under the influence 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,
• Mandatory IID installation for two to three years for the defendant to continue driving anywhere (otherwise, the license will be suspended), 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 criminal court 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,
• Mandatory IID installation for at least one year (otherwise, driving privileges will be suspended for up to four years), and/or
• Designation as an “HTO” by the DMV.

California DUIs that result in death are sentenced very differently.  Penalties for these offenses may lead to life imprisonment and a “strike” on your record pursuant to California’s Three Strikes law. (Note that Los Angeles County prosecutors are no longer increasing sentences based on prior strikes. Learn more here.)

6. Additional “Conditions of Probation”

In addition to the criminal 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, and/or
• Restitution (in the event that you caused an accident while driving under the influence)³⁰

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

7. Aggravating Factors that May Increase Your 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 penalties, regardless of whether you’ve been convicted of a first, second, third, or subsequent drunk driving charge.

The most common of these include:

• Having a blood alcohol content (BAC) of 0.15% or higher (less in some counties),³²
• Refusing to submit to a chemical test,³³
• Causing an accident,³⁴
• Driving at excessive speeds,³⁵
• DUI with a child under the age of 14 in the car (which can also lead to an additional charge of Penal Code 273a child endangerment),³⁶
• Being under 21 at the time of your DUI offense.³⁷

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).

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 drunk driving conviction.  When imposed in connection with a California drunk driving case, 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 do not specialize in drunk driving 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 drunk driving defense lawyer to defend your California drunk driving case and help you minimize your 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 violating California DUI laws.

If you or a loved one is in need of help with DUI penalties and you are looking to hire a DUI lawyer 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.

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

In Nevada? Go to our article on Nevada drunk/drugged driving penalties.

In Colorado? Go to our article on Colorado drunk/drugged driving penalties.

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