California DUI Penalties
Helping You Fight to Avoid the Penalties of a DUI Conviction
The harsh California DUI penalties are intended to prevent drunk driving. These penalties vary based on your specific DUI offense and may be reduced based on the Bakersfield DUI defense attorney you choose to represent your case.
Is a DUI a Misdemeanor or a Felony in California?
A first-time DUI offense is classified as a misdemeanor. Even a first-time offense conviction can carry jail time and high fines. When you are facing any kind of DUI charge, it is crucial that you contact Brehmer Law Corporation as soon as possible after the arrest.
Contact Brehmer Law Corporation today for your free consultation! Learn more about California DUI penalties.
What are the Penalties for a First-Time DUI Conviction in California?
A first offense DWI/DUI is typically charged with 3 - 5 years of probation. Mandatory participation in a substance abuse program, such as Alcoholics Anonymous, a jail sentence of up to six months, license suspension, and high fines ranging from $390.00 to $1000.00. Your car may be impounded, and you may be forced to install an ignition interlock device (IID) to be able to drive.
What are the Penalties for Multiple DUI Convictions in California?
- Second: A second DUI within 10 years of your first offense, may result in mandatory treatment, $2,018 paid in fines, a year in jail, restrictions on your license, and three-year IID installation.
- Third: If convicted within 10 years of the original offense, you face a year of jail time, license revocation for up to 3 years, mandatory alcohol or drug counseling for up to 18 months, and high fines.
- Fourth: Any subsequent offense could mean up to three years of jail or prison time, a felony on your record, thousands in fines, and license revocation for four years.
There are further “enhanced” penalties that you can face for a variety of circumstances. If you are facing felony DUI charges, contact us today.
Sentencing Consequences For Selected Vehicle Code Violations
Vehicle Code Violation | Minimum Sentence | Maximum Sentence |
|---|---|---|
152(a) or (b)* 152(f) 152(g) | If probation granted, either option A) or B) may be imposed in addition to penalty C): A) 48 hours in jail, a fine of $390 and attendance to an alcohol/drug program B) a fine of $390 and attendance at an alcohol/drug program C) 6-month suspension of license Without probation: 96 hours in jail, a fine of $390, and a 6-month license suspension. *Jail time not to interfere with work schedule *Commercial driver's license shall be suspended for 12 months if the offense occurred in a vehicle requiring a class A or B driver's licenses, | 6 months jail and $1,000 fine |
| 23152(a), (b), (f), or (g)* - within 10 years of one prior conviction for 23152, 23153 or 23103 per VC 23103.5 | If Probation granted, either option A) or B) may be imposed: A) 10 days in jail, a fine of $390- and 2-year suspension of license B) 96 hours in jail, a fine of $390 and attendance at an 18-month alcohol/drug program and 2-year suspension of driver's license. Without probation: 90 days in jail and a fine of $390- and 2-year suspension of license. *Commercial driver's license shall be revoked for life if the offense occurred in a vehicle requiring a class A or B driver's license. | 1-year jail and a $1,000 fine |
| 23152(a), (b), (f) or (g) - within 10 years of two prior convictions for 23152, 23153 or 23103 per VC 23103.5 | If probation granted either option A) or B) may be imposed: A) 120 days in jail, a fine of $390, habitual traffic offender designation for 3 years and an 18-month alcohol/drug program, if not previously completed, 3-year revocation of license and habitual traffic offender designation for 3 years B) 120 days in jail, a fine of $390, habitual traffic offender designation for 3 years and in 18-month alcohol/drug program, if not previously completed and 3-year revocation of license. 30 months in driving under the influence program upon special request and good cause shown, 30 days in jail in lieu of the 120 days. Without probation: 120 days in jail, a fine of $390, 3-year revocation of driver's license and habitual traffic offender designation for 3 years. | 1-year. jail and $1,000 fine; habitual traffic offender designation for 3 years |
| 23152(a), (b), (f) or (g) - within 10 years of three prior convictions for 23152, 23153 or 23103 per VC 23103.5 | If probation granted: 180 days in jail, a fine of $390, habitual traffic offender designation for 3 years and may require an 18-month alcohol/drug program, if not previously completed and 4-year revocation of license. Without probation: 180 days in jail, a fine of $390 and habitual traffic offender designation for 3 years and 4-year revocation of license. | 1-year jail and $1,000 fine |
| 23153(a), (b), (f) or (g) | If probation granted: 5 days jail, a fine of $390 and attendance at an alcohol/drug program and 1-year suspension of license. *If Blood Alcohol Content (BAC) is less than .20% - 3 months with 30 hours of education, counseling and interview program required. *If Blood Alcohol Content (BAC) is more than .20% or if defendant refused to submit to test, 9 months with 60 hours of education, counseling and interview program required. Without probation: 90 days in jail and a fine of $390 - and 1-year suspension of license. | 1-year jail and $1,000 fine. |
| 23153(a), (b), (f) or (g) - within 10 years of one prior conviction for 23152, 23153 or 23103 per VC 23103.5 | If probation granted, either option (A) or (B) may be imposed: A) 120 days in jail and a fine of $390 - and 3-year revocation of license. B) 30 days in jail, a fine of $390 and 18 or 30-month attendance at a driving-under the influence program and 3-year revocation of license. Without probation: 120 days in jail, a fine of $390 - and 3-year revocation of license. | 1-year jail and $5,000 fine Option B) $1,000 max fine |
23103 pursuant to V.C. 23103.5* *This conviction will serve as a prior DUI conviction if I commit one or more DUI offenses within 10 years. | If probation granted: 9-month participation in an alcohol and drug treatment program If probation not granted: 5 days in jail and/or a fine of $145 | 90 days jail and/or $1,000 fine |
Driving While Under The Influence Enhancements | Increase In Punishment |
|---|---|
| Willful refusal to submit to or to complete a blood-alcohol chemical test. [V.C. 23577] | First offense of V.C. 23152 - 48 hours in jail added to any other sentence Second offense of V.C. 23152 - 96 hours in jail added to any other sentence Third offense of V.c> 23152 - 10 days in jail added to any other sentence Fourth or subsequent offense - 18 days in jail added to any other sentence First offense of V.C 23153 - 48 hours in jail added to any other sentence Second offense of V.C 23153 - 96 hours in jail added to any other sentence |
| Driving a vehicle 30 or more miles per hour over the speed limit on a freeway in a reckless manner OR driving a vehicle 20 or more miles per hour over the speed limit on any street or highway in a reckless manner. [V.C. 23582] | On 1st offense defendant must attend an education and counseling program. 60 days in jail in addition to any other sentence |
| One or more passengers in the vehicle was/were a minor under the age of 14 years. [V.C. 23572] | First offense of V.C. 23152 - 48 continuous hours in jail added to any other sentence - no stay of sentence allowed. Second offense of V.C. 23152 - 10 days in jail added to any other sentence - no stay of sentence allowed Third offense of V.C. 23152 - 30 days in jail added to any other sentence - no stay of sentence allowed Fourth or subsequent offense - 90 days in jail added to any other sentence - no stay of sentence allowed |
| Multiple victims injured or killed [V.C. 23153] | 1-year state prison in addition on any felony conviction. |
| Blood Alcohol Content [V.C. 23578] | 3 months of 30 hours program activities, educational counseling, interview sessions, in addition to enhanced penalties and conditions of probation that may be taken into consideration. |
Vehicle Code Violation | First Offense | Second or Subsequent Offense |
|---|---|---|
| 14601.3(a) | 30 days jail and $1,000 fine | If within 7 years of prior conviction of 14601.3(a) 180 days jail and a fine of $2,000 |
| Vehicle Code Violation | Minimum Sentence | Maximum Sentence |
|---|---|---|
| 14601(a) | 5 days in jail and $300 fine | 6 months jail and $1,000 fine |
| 146001(a) - within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5 | 10 days jail and $500 fine 10 days jail required if probation granted | 1 year jail and $2,000 fine |
| 14601.1(a) | $300 fine | 6 months jail and/or $1,000 fine |
| 14601.1(a) within 5 years of a prior conviction for 14601.1, 14601.1, 14601.2 or 14601.5 | 5 days jail and $500 fine | 1 year jail and $2,000 fine |
| 14601.2(a) or (b) | 10 days jail, $300 fine 10 days jail required if probation granted DMV will require ignition interlock device | 6 months jail and $1,000 fine |
| 14601.2(a) or (b) within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5 | 30 days jail, $500 fine and ignition interlock device 30 days jail required if probation granted DMV will require ignition interlock device *If I was designated as a habitual traffic offender within three years of this conviction, I will serve an additional 180 days jail and pay a fine of $2,000. | 1 year jail and $2,000 fine |
| 14601.2(a) or (b) within 7 years but over 5 years from a prior conviction for 14601, 14601.1, 14601.2 or 14601.5 | 10 days jail and $300 fine 10 days jail required if probation granted DMV will require ignition interlock device | 6 months jail and $1,000 fine |
| 14601.4(a) | Shall be imprisoned in county jail and shall not be released upon work release, community service, or other release program before the minimum period of time prescribed in 14601.2 is served. If probation is granted, shall serve at least the minim time of imprisonment specified under 14601.2 as a term of probation. DMV will require ignition interlock device. | |
| 14601.5(a) or (b) | $300 fine or 6 months jail With prior conviction for certain offense(s), DMV will require IID | 6 months jail and $1,000 fine |
| 14601.5(a) or (b) within 5 years of a prior conviction for 14501, 14601.1, 14601.2 or 14601.5 | 10 days jail and $500 fine With prior conviction for certain offense(s), DMV will require IID | 1 year jail and $2,000 fine |
| 20002(a) | None required under the statute | 6 months jail and/or $1,000 fine |
| 12500(a) | None required under the statute | 6 months jail and $1,000 fine |
Our DUI Lawyer is Here to Help
There are many lawyers to defend you and choosing the right counsel is important. At Brehmer Law Corporation, our lawyer focuses on DUI defense in Bakersfield. We have developed powerful strategies and resources for your defense and approach each case determined to aggressively fight for you.
This means analyzing each case and every detail. Mr. Brehmer is:
- A sustaining member of the National College of DUI Defense
- An Officer of the National DUI Defense Lawyers Association
- A repeat lecturer for the California DUI Lawyers Association
- Has presented at nearly every major legal and scientific-educational seminar throughout the United States
Are you facing a DUI charge? Call Brehmer Law Corporation today at (661) 430-0868 or contact us online to start your defense and learn more about California DUI penalties.
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