California DUI Penalties

Penalties for DUI in California

If you have been arrested for a DUI in California, it is important that you understand what consequences you are facing are. A DUI conviction can mean serious penalties that have long term effects.

There are many long term DUI penalties that you should consider as well. DUI convictions stay on your record for 10 years. Every DUI conviction you have will increase the sentence of any subsequent DUI charge until you become a habitual violator and face felony DUI charges.

23152 VC Penalties

When a driver is convicted of a 23152 VC offense for driving under the influence of drugs or alcohol, they will face the following penalties:

First offense in a ten year period:

  • A fine of at least $390 but not more than $1,000
  • Up to 6 months of license suspension
  • Up to three years of informal probation
  • DUI education – 30 hours for cases with a BAC under .20% or 60 for cases with a BAC over .20%
  • Jail time of at least 96 hours but not more than 6 months

Second offense in a ten year period:

  • A fine of at least $390 but not more than $1,000
  • Up to 2 years of license suspension
  • Up to three years of informal probation
  • DUI education – 30 hours for cases with a BAC under .20% or 60 for cases with a BAC over .20%
  • Jail time of at least 90 days but not more than 1 year

Third offense or more in a ten year period:

  • A fine of at least $390 but not more than $1,000
  • License revocation
  • Up to three years of informal probation
  • DUI education – 30 hours for cases with a BAC under .20% or 60 for cases with a BAC over .20%
  • Jail time of at least 120 days but not more than 1 year

23153 VC Penalties

A driver that is convicted of a DUI offense that leads to injury, they can be sentenced to the following:

  • A fine of at least $390 but not more than $5,000
  • One to three years of license suspension
  • Up to five years of informal probation
  • 3 to 30 months of DUI education
  • Jail time of at least 5 days but not more than 1 year

A felony offense can lead to:

  • A fine of at least $1,015 but not more than $5,000
  • License revocation
  • Up to five years of informal probation
  • 3 to 30 months of DUI education
  • 2, 3 or 4 years of jail time with an additional 3 to 6 years added for every additional person that suffers “great bodily injury” or an additional 1 year for every person that suffers any injury
Additional California DUI Penalties

Administrative License Suspension

If you are arrested for DUI in California, the first thing that you will need an attorney to assist you with is fighting the administrative license suspension by the DMV. When you are arrested for DUI, the officer will take your license and give you a 30-day permit. After those 30 days you license will be suspended. This is called Admin Per Se License suspension and you only have 10 days to request a hearing to challenge it.

Ignition Interlock Device

In some cases, the court will order the driver, as a condition of license reinstatement, to install an ignition interlock device (IID) in their vehicle. An IID is a device about the size of a cell phone that requires the driver of a vehicle to breathe into it before the vehicle can be started. The IID checks the alcohol content in the driver's breath and will not allow the vehicle to be driven if the driver is over the legal limit. In Alameda, Los Angeles, Sacramento, and Tulare Counties, a pilot program is in place that requires all DUI offenders to install an IID in their vehicles.

Juvenile Penalties

If you are under the age of 21, you can be arrested for DUI even if you only have a small amount of alcohol in your system. California has a zero tolerance policy when it comes to underage drinking. If you are caught in possession of alcohol, you can face 30 days of vehicle impoundment, $1,000 in fines and one year of license suspension. If you are arrested for drinking and driving under 21, you will also face license suspension for one year, DUI school and several hundred dollars in fines.

California DUI Attorney

Penalties of DUI in California can occur in many forms. One very common concern is losing your license after a DUI arrest. If you refuse to take a state administered chemical sobriety test, you will be considered in violation of implied consent laws. If this happens, you will face one year of license suspension. If you have refused a test in the past, you will face license revocation for an additional year for each refusal. Refusing a chemical test can affect you in other ways as well so make sure you understand your rights and call our office for a free consultation.

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California Defense Attorneys

Floyd, Skeren & Kelly, LLP is a criminal defense law firm serving Southern California. We represent clients who have been charged with DUI and other crimes that are looking for aggressive defense lawyers who can help them fight the charges they face. For more information, contact our firm today.