California DUI Penalties
In all DUI cases, the penalties for DUI offenders are based strict state statutes which the judge assigned to the case will refer to when sentencing the individual convicted of driving under the influence. On certain DUI cases, an individual may be subject to a sentencing enhancement. These enhancements may be assigned for a variety of reasons, including if the individual had a blood alcohol concentration higher than 0.15%, if the individual refused to submit to a chemical test, if the individual was driving in excess of a certain speed or was driving excessively recklessly, if an accident or injury took place as a result of the individual driving under the influence, or if there was a minor passenger in the vehicle at the time of the DUI arrest. These sentencing enhancements are also applied to individuals who have prior DUI convictions.
Penalties for a first time DUI offender
- Jail: 48 hours to 6 months
- Fine: $390.00 to $1,000.00, with possible penalty assessments
- License Suspension: Up to 6 months
- Treatment Program: Mandatory attendance in an alcohol treatment program
- If the individual’s BAC result was less than 0.20%, 3 months attendance in a treatment program is required.
- If the individual’s BAC result was greater than 0.20%, 6 months attendance in a treatment program is required
Second DUI Offense Without Potential Sentencing Enhancements (Within 10 years)
- Jail: 90 days to 1 year
- Fine: $390.00 to $1,000.00, with possible penalty assessments
- License Suspension: Up to 2 years
- Treatment Program: 18 months or 30 months in alcohol or drug treatment program
Third DUI Offense Without Potential Sentencing Enhancements (Within 10 years)
- Jail: 120 days to 1 year
- Fine: $390.00 to $1,000.00, with possible penalty assessments
- License Suspension: Up to 3 years
- Treatment Program: 18 months or 30 months in alcohol or drug treatment program
Fourth DUI Offense Without Potential Sentencing Enhancements (Within 10 years)
- Jail: 180 days to 16 months
- Fine: $390.00 to $1,000.00, with possible penalty assessments
- License Suspension: Up to 4 years
Due to the recent nationwide trend of increased crackdown on DUI offenders, penalties associated with driving under the influence have become increasingly harsh. Therefore, it is critical that an individual charged with driving under the influence of alcohol or drugs retain a qualified and knowledgeable DUI and DMV defense attorney in order to negotiate the best result possible on their behalf.
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