California DUI Penalties
In California a driving under the influence (DUI), driving while intoxicated (DWI), or driving under the influence of drugs (DUID) causes two  separate cases. There is a criminal court case and a Department of Motor Vehicles (DMV) action. For the criminal case, the driver will deal with the criminal court system, which may apply a variety of DUI penalties if convicted.
The DMV action deals with the individuals driving privileges and the retention of their driver’s license.
Anyone arrested for a DUI in California has the right to request a hearing with the DMV to challenge the suspension of his or her driver’s license. The driver must request a DMV hearing within 10 days of the DUI arrest. Without a hearing, the DMV will automatically suspend his or her driver’s license 30 days after the arrest.
Criminal Penalties for a DUI Conviction
First DUI Offense penalties are:
- There is a mandatory 48 hours of jail time, which may be possible to convert to work service. Jail-time could be as much as 6 months.
There is informal court probation for 3 to 5 years. Informal means not required to report to a probation officer. There is no drinking and driving during the probation period.
- DUI fines and costs from $390 to $1000. This does not include any penalty assessments, which are often three times the amount of the fines and costs.
- Driver’s license suspended for 6 months. If DMV hearing requested, then driver’s license may not be suspended or reduced suspension time. Possible to have driver’s license restored after 1 month if prove hardship. DMV may issue restricted driver’s license, which means the individual can drive to and from work or school. A suspended driver’s license means no driving at all.
- If under the age of 21 at the time of the DUI arrest, driver’s license suspension is 1 year.
- The court may order the installation of an ignition interlock device.
- The court may have your vehicle impounded and if so, it is subject to storage fees.
- The court may require completion of a 3 to 6 month DUI program. If under the age of 21 at the time of the DUI arrest, then it is mandatory to attend alcohol education program.
Second DUI offense within 10 years, penalties are:
- There is mandatory jail-time of 90 to 120 days, but will not exceed more than 1 year.
- DUI fines and costs from $390 to $1000. This does not include any penalty assessments, which are often three times the amount of the fines and costs.
- There is informal court probation for 3 to 5 years. Informal means not required to report to a probation officer. There is no drinking and driving during the probation period.
- The court may order the installation of an ignition interlock device.
- The court may have your vehicle impounded and if so, it is subject to storage fees.
- The court may require completion of an 18 to 30 month DUI program.
- Driver’s license suspended for 2 years. If DMV hearing requested, then driver’s license may not be suspended or reduced suspension time. DMV may issue restricted driver’s license after 1 year, which means the individual can drive to and from work or school. A suspended driver’s license means no driving at all.
Third DUI offense within 10 years, penalties are:
- There is mandatory jail sentence of 120 days to 1 year, but will not exceed more than 1 year.
- DUI fines and costs from $390 to $1000. This does not include any penalty assessments, which are often three times the amount of the fines and costs.
- There is formal court probation for 3 to 5 years. Formal probation means you are required to report to a probation officer.
- The court may require completion of an 18 to 30 month DUI program, if a program was not previously completed.
- The court may order the installation of an ignition interlock device.
- If convicted for a third DUI offense, you are considered a multiple DUI offender and your vehicle may be seized and disposed.
- Your driver’s license is revoked for 3 years.
Fourth DUI offense within 10 years, penalties are:
- The charge will usually elevate from a misdemeanor to a felony.
- There is minimum jail sentence of 180 days to 1 year.
- DUI fines and costs from $390 to $1000. This does not include any penalty assessments, which are often three times the amount of the fines and costs.
- There is formal court probation for 3 to 5 years. Formal probation means you are required to report to a probation officer.
- At this stage, you are considered a multiple DUI offender and your vehicle may be seized and disposed.
- Driver’s license revoked for 4 years. The DMV may issue a restricted license after 3 years. A restricted license allows you to drive to work or school. A revoked license means no driving at all.
- Driver will need to complete an 18-month or 30-month alcohol/drug program, if they have not previously completed one.
DUI Penalties from the Department of Motor Vehicles
First offense:
- If blood alcohol content (BAC) is 0.08 or greater, then suspension of their driver’s license is for 4 months.
- If driver refused to take a chemical test to determine their BAC level, then suspension of their driver’s license is for 1 year.
Second DUI offense within 10 years:
- If BAC is 0.08% or greater, then driver’s license suspended for 1 year.
- If driver refused to take a chemical test to determine their BAC level, then driver’s license suspended for 2 years.
Third DUI offense within 10 years:
- If BAC is 0.08% or greater, then driver’s license revoked for 3 years.
- If driver refused to take a chemical test to determine their BAC level, then driver’s license revoked for 3 years.
Fourth DUI offense within 10 years:
- If BAC is 0.08% or greater, then driver’s license revoked for 4 years.
- If driver refused to take a chemical test to determine their BAC level, then driver’s license revoked for 4 years.
The above is information only. DUI laws and penalties are complicated and change frequently. Consult a qualified DUI lawyer to understand the laws and penalties. A criminal defense attorney who specializes in DUI cases can represent you in both the criminal case and the DMV hearing. If you are facing a DUI charge, do not take chances with your freedom or your driving privileges. Darryl Genis is ready, willing and has the experience to fight to protect your rights and your freedom. He knows what it takes to achieve the best outcome possible for your specific case.
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