DUI Law: California DUI Penalties

This article deals with California DUI penalties that do not involve any aggravating factors which merit an “Enhanced” penalty. Such factors include a child in the car (under 14), speeding, driving on a suspended or restricted license, accidents, high blood alcohol content (over .20), etc.

In California, all DUI offenses within the past ten (10) years wherever they occurred are considered “prior offenses.”

First DUI Offense in California
Your first DUI offense will result in a prison sentence of forty eight (48) hours which may be converted into work release. You will then be required to remain on probation for three (3) to five (5) years. You will also receive a minimum fine of between $1,400.00 and $1,800.00 and face a suspension of your driver’s license for six (6) months. You will also be required to attend DUI school for a minimum of 12 and maximum of 45 hours.

Second DUI Offense in California
Your second DUI offense will result in a minimum prison sentence of ninety six (96) hours which may be converted into work release. Most counties will require you to serve at least ten (10) days in jail. Some require up to thirty (30). You will then be required to remain on probation for three (3) to five (5) years.

You will also receive a minimum fine of between $1,800.00 and $2,800.00 and face a suspension of your driver’s license for eighteen (18) months. You will also be required to attend DUI school for eighteen (18) months.

Third DUI Offense in California
Your third DUI offense will result in a minimum prison sentence of one hundred twenty (120) days of jail time which may be converted into home arrest or rehab. Most counties will require you to serve at least two hundred ten (210) days in jail. Some require one (1) year. You will then be required to remain on probation for three (3) to five (5) years.

You will also receive a minimum fine of between $1,800.00 and $2,800.00 and face a suspension of your driver’s license for up to three (3) years. You will also be required to attend DUI school for eighteen (18) months.

Fourth DUI Offense in California
Your fourth DUI offense may be considered a felony resulting in three (3) years in state prison and permanent loss of license.

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