What are the Penalties for a DUI in California?
The penalties for a DUI conviction in California depend on whether anyone was hurt or killed because of the drinking and driving and whether the defendant has a history of DUI convictions.
Penalties for First-Time DUI Offense
A first-time conviction is considered a misdemeanor offense. The minimum penalties for a first offense pursuant to California law include:
- First DUI Fines: Between $390 to $1,000, potentially reaching $3,600 with extra fees.
- First DUI Jail Time: Up to 6 months in county jail.
- First DUI License Suspension: 6 months by courts, plus DMV's 4-month administrative suspension. Refusing BAC testing extends DMV suspension to 1 year. Overlapping suspensions may apply, allowing for the longest one to take precedence. Eligibility for a restricted license may arise after 30 days for essential travel.
- First DUI Probation and DUI School: 3 to 5 years of probation, with a 3-month, 30-hour DUI school requirement, extending to 9 months and 60 hours for BAC over 0.20%.
- First DUI Vehicle Requirement: A 6-month mandate for an ignition interlock device.
Penalties for Second DUI Offense
For a second DUI conviction that occurs within 10 years of the first one, the possible penalties include:
- Fines and Assessments: For a second DUI, fines range from $390 to $1,000, with additional fees potentially totaling up to $4,000.
- Jail Time: Up to 1 year.
- License Suspension: Courts may impose a 2-year suspension. The DMV adds a 1-year suspension for BAC over 0.08%. Multiple suspensions overlap, with a chance for a restricted license after 90 days, extended to 1 year for drug-related DUIs.
- Probation and DUI School: 3 to 5 years of probation with an 18 or 30-month DUI education program required.
- Vehicle Requirements: Installation of an ignition interlock device for 1 year.
Penalties for Third DUI Offense
A third DUI California conviction is a misdemeanor with the following consequences and penalties:
- Fines and Penalties: Third misdemeanor DUI fines range from $390 to $1,000, with penalties that can escalate to $18,000.
- Jail or Prison: Possible jail time up to 1 year or 16 months in state prison.
- License Suspension: A 3-year court suspension and a 1-year DMV suspension for BACs of 0.08% or higher, with overlapping suspensions. Eligibility for a restricted license after 6 months.
- Probation and Education: 3 to 5 years of probation with a mandatory 30-month DUI program.
- Vehicle Requirements: An ignition interlock device must be installed for 2 years.
Penalties for Fourth DUI Offense
For a fourth DUI offense within ten years, typically charged as a felony, penalties include:
- Fines and Penalties: Penalties can range between $390 and $5,000, with additional penalty assessments potentially increasing the total to as much as $18,000.
- Jail or Prison: In California, being convicted of a fourth DUI could result in a prison sentence ranging from 16 months to 3 years.
- License Suspension: Suspension of driving privileges for up to 4 years, with the possibility of a permanent revocation.
- Probation and Education: A period of DUI probation lasting between 3 and 5 years, with a mandatory completion of a 30-month DUI education program as a prerequisite for probation following a fourth DUI offense in California.
- Vehicle Requirements: An Ignition interlock device in the vehicle for 3 years, provided you qualify for a restricted driving license.
- Legal Status: A fourth DUI conviction in California is a felony, resulting in the loss of certain civil rights and the status of a convicted felon.
Felony DUI with bodily injury
If a DUI results in injury to another person, the charge may be elevated to a felony. The penalties for a felony DUI with bodily injury include:
- Fines and Penalties: Fines range from $390 to $5,000, based on the case specifics and prior history, with added assessments potentially elevating the total to as much as $18,000.
- Compensation for Harm: Defendants must compensate any individuals harmed.
- Jail or Prison: Sentences for felony DUI in California vary from 16 months to 3 years in state correctional facilities.
- License Suspension: Suspensions of driving licenses can last up to 4 years, with the risk of indefinite revocation.
- Probation and Education: DUI probation lasts between 3 and 5 years, requiring completion of a 30-month DUI education program for those with 4 DUI convictions in California.
- Vehicle Requirements: For felony DUI, an ignition interlock device must be installed for 3 years, provided the individual qualifies for a restricted license.
- Legal Status: A felony DUI conviction in California results in the loss of certain civil rights and the status of a convicted felon.