Penalties...
In California, a conviction for Driving Under the Influence (DUI) carries stiff penalties & punishments. The California DUI penalties & punishments listed below are based on a non-enhanced DUI conviction. If there are any "aggravating" factors, then the penalties & punishments are significantly increased. Those factors can include a child in the car (under 14), speeding, driving on a suspended or restricted license, accidents, high blood alcohol content (over .20), etc.
With that in mind, here is an outline of what penalties to expect for a California DUI conviction. Again, these are the minimal DUI penalties & punishments the court can impose. In order to receive such penalty & punishment, you probably will need someone to advocate on your behalf.
As of 2005 the “look back” period for prior DUI offenses is 10 years. Regardless of when a prior DUI offense occurred, and what the DUI law was at the time, if it is within ten years of your current offense, it will count as a prior DUI offense.
THE FOLLOWING IS FOR REFERENCE ONLY.
EACH COUNTY DOES VARY IN THEIR SENTENCING AND THE LAWS
REGARDING DUI PUNISHMENT CHANGE OFTEN.
CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
(VEHICLE CODE SECTION 23152)
OFFENSE
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM)
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION
FIRST Offense within 10 years
48 hours to 6 months in jail, $390 to $1000 fine, and completion of a 3 month alcohol/drug treatment program (9 months if blood alcohol content is .20% or higher or if you refused a chemical test). Upon a conviction, the DMV will impose a 6 month license suspension.
96 hours to 6 months in jail, $390 to $1000 fine and a 6 month license suspension.
SECOND Offense within 10 years
Two options, both carry a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail; or (B) 96 hours to 1 year in jail; and either an 18-month or 30-month alcohol/drug program. Installation of ignition interlock device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after the first year of suspension unless the court orders otherwise.
90 days to 1 year in jail, $390 to $1000 fine and a 2 year license suspension.
THIRD Offense within 10 years
120 days to 1 year in jail, $390 to $1000 fine, and an 18-month or 30 month alcohol/drug program if you have not completed one before. Installation of ignition interlock device for up to 3 years. As a result of the court conviction, the DMV will revoke your license for 3 years, but a restricted license may be available after the first year of suspension unless the court orders otherwise.
120 days to 1 year in jail, $390 to $1000 fine and a 3-year license revocation.
FOURTH or Subsequent Offense within 10 years
180 days to 1 year in jail, $390 to $1000 fine, and an 18-month or 30 month alcohol/drug program if you have not completed one before. Installation of ignition interlock device for up to 3 years. As a result of the court conviction, the DMV will revoke your license for 4 years, but a restricted license may be available after the first year of suspension unless the court orders otherwise.
16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine and a 4-year license revocation.
ADMINISTRATIVE (ADMIN PER SE) DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
FIRST OFFENSE
.08 or greater
Refusal
4 month suspension
1 year suspension
SECOND OFFENSE Within 10 years
.08 or greater
Refusal
1 year suspension
2 year revocation
THIRD OFFENSE Within 10 years
.08 or greater
Refusal
1 year suspension
3 year revocation
FOURTH OFFENSE Within 10 years
.08 or greater
Refusal
1 year suspension
3 year revocation