(last updated 8/23/2016)
California DUIs are often prosecuted as misdemeanors, if there are no injuries. There are instances in which it can be prosecuted as a felony, even if there were no injuries. DUI penalties in California can be extremely complex and can be severe depending on whether you are convicted of a first, second, third, or subsequent DUI offense. The penalties can vary depending on the circumstances of your case and depending on the counties, however, below is a general outline of the various punishments and enhancements that the court and DMV may imposed for a California DUI.
First DUI Offense Without Injury
On a first offense, the court may sentence you to serve between 96 hours to 6 months in jail if probation was denied. The court will also impose a fine of $390 to $1000 and order you to complete a 3 month alcohol/drug treatment program and attend one driving under the influence victim impact panel (MADD). However, if your BAC was .20 or higher, or you refused a chemical test upon your arrest, then the court will order you to complete a 9-month DUI program. The DMV will impose a 6-month driver license suspension, and if you were under 21 years of age at the time of incident, then the license suspension will increase to 1 year.
First DUI Offense With Injury
If probation was denied on a first offense, then court may sentence you to serve between 16 months or 2 or 3 years in state prison (or 90 days to 1 year in county jail), and impose a fine of $390 to $1000. If you were granted probation, then the court may sentence you to 5 days to 1 year in county jail, impose a fine of $390 to $1000, order you to complete a mandatory 3 month alcohol/drug treatment program and attend one driving under the influence victim impact panel (MADD). However, if your BAC was .20 or higher, or you refused a chemical test upon your arrest, then the court will order you to complete a 9-month DUI program. The DMV will impose a 1-year driver license suspension.
DUI Sentence Enhancements (1st Offense)
Depending on which county you were convicted of in California, you may also face additional penalties. For example, if you were convicted in San Diego on a first DUI, you may face the following enhancements:
- BAC Public Work Service Days
- .15% to .19% = 5 Days**
- .20% to .24% = 10 Days
- .25% and above = 15 Days
**If your BAC is greater than .15% then you may be ordered to install an Ignition Interlock Device (IID)
Even if you were granted probation, if the following special allegations were alleged then you will face the following mandatory enhancements in addition to other terms of probation:
Special Allegations Mandatory Enhancements
- DUI Child Endangerment – passenger under 14 (VC 23572 – 1st offense) = 48 Hours Custody
- DUI test refusal (VC 23577 – 1st offense) = 48 Hours Custody
- Reckless driving – 1st offense (30+ MPH freeway; 20+ MPH street) = 60 Days Custody
Second DUI Offense Without Injury Within 10 Years
On a second offense, the court may sentence you to serve between 90 days to 1 year in jail if probation was denied. Even if probation was granted, there is a mandatory custody sentence of 96 hours. The court will also impose a fine of $390 to $1000 and order you to complete an 18-month or 30-month alcohol/drug treatment program (multiple conviction program) and attend one driving under the influence victim impact panel (MADD). In addition, the court may also impound your vehicle for 1 to 30 days and order you to install an Ignition Interlock Device (IID). The DMV will impose a 2-year driver license suspension.
Second DUI Offense With Injury Within 10 Years
If probation was denied, then court may sentence you to serve between 16 months or 2 or 3 years in state prison (or 120 days to 1 year in county jail), and impose a fine of $390 to $1000. If you were granted probation, then the court may sentence you to 120 days to 1 year in county jail; and impose a fine of $390 to $5000; or sentence you to 30 days to 1 year in county jail; impose a $390 to $1000; and order you to complete an 18-month or 30-month alcohol/drug treatment program. The DMV will impose a 3-year driver license suspension.
DUI Sentence Enhancements (2nd Offense)
If you were convicted in San Diego County on a first DUI, you may face the following enhancements:
- BAC Public Work Service Days for second offense DUI
- Up to .14% = 5 Days
- .15% to .19% = 10 Days
- .20% to .24% = 20 Days
- .25% and above = 30 Days
Even if you were granted probation, if the following special allegations were alleged then you will face the following mandatory enhancements in addition to other terms of probation:
Special Allegations Mandatory Enhancements
- DUI Child Endangerment – passenger under 14 (VC 23572 – 2nd offense) = 10 Days Custody
- DUI test refusal (VC 23577 – 2nd offense) = 96 Hours Custody
- Reckless driving – 2nd offense (30+ MPH freeway; 20+ MPH street) = 60 Days Custody
Third DUI Offense Without Injury Within 10 Years
On a third offense, the court may sentence you to 120 days to 1 year in jail, impose a find of $390 to $1000, order you to complete a multiple conviction program and attend one driving under the influence victim impact panel (MADD). In addition, the court may also impound your vehicle for 1 to 90 days and order you to install an Ignition Interlock Device (IID) up to 3 years. The DMV will impose a 3-year driver license suspension, however, the court may impose a 10-year license revocation. Depending on which county you are in, you may also be designated as a habitual offender for 3 years.
Third DUI Offense With Injury Within 10 Years
If probation was denied, the court may sentence you to serve 16 months or 2 or 3 years in state prison (or 120 days to 1 year in county jail), and impose a $390 to $5000 fine. If probation was granted, the court may sentence you to 30 days to at least 1 year in jail, impose a find of $390 to $5000, order you to complete an 18-month or 30-month alcohol/drug program; and attend driving under the influence victim impact panel (MADD). In addition, the court may also impound your vehicle for 1 to 90 days and order you to install an Ignition Interlock Device (IID) up to 3 years. The DMV will impose a 5-year driver license suspension.
DUI Sentence Enhancements (3rd Offense)
If the following special allegations were alleged then you will face the following mandatory enhancements in addition to other terms of probation:
Special Allegations Mandatory Enhancements
- DUI Child Endangerment – passenger under 14 (VC 23572 – 3rd offense) = 30 Days Custody
- DUI test refusal (VC 23577 – 3rd offense) = 10 Days Custody
- Reckless driving – 3rd offense (30+ MPH freeway; 20+ MPH street) = 60 Days Custody
Note: for DUI with injury, if the offense caused bodily injury or death to more than one victim, upon a felony conviction, your sentence will be enhanced by 1 year in state prison for each additional victim.
If after reading this, you have additional questions or would like to hire a DUI attorney for representation, do not hesitate to contact one of our experienced DUI attorneys for a free consultation. Our skilled local San Diego DUI attorneys will evaluate all the evidence, including the proper procedure and results of any field sobriety tests, chemical breath tests, and chemical blood tests to ensure that your legal rights are protected.