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California DUI: What are the Penalties?

What’s the punishment for a California DUI?

A DUI conviction in California comes with multiple penalties imposed by both the court and the DMV. The court may order jail time or work release, which could be converted to home confinement. Meanwhile, the DMV enforces a driver’s license suspension—four months for a first offense and up to one year for a second offense. However, for a first-time DUI, it may be possible to reduce the suspension to 30 days, while a second offense suspension may be lowered to 90 days.

Our goal in every DUI case is to seek dismissal. If dismissal is not possible, we aim for a reduced charge. If a conviction cannot be avoided, we focus on minimizing penalties and keeping you out of jail.

Penalties for a First DUI Conviction

Minimum Penalties:

  • $390 fine plus over $1,000 in penalty assessments, totaling approximately $1,800
  • 48-hour jail sentence or a 90-day restricted license (allowing driving to and from work and an alcohol treatment program)
  • Completion of a $500, three-month alcohol treatment program (nine months if BAC was 0.20% or higher)
  • Loss of driver’s license for at least 30 days, followed by a five-month or additional two-month driving restriction

Maximum Penalties:

  • $1,000 fine plus over $2,600 in penalty assessments
  • Up to six months in county jail
  • Six-month license suspension (ten months if BAC is 0.15% or higher)
  • 30-day vehicle impoundment at the driver’s expense
  • Mandatory ignition interlock device (IID) installation, costing about $800

Probation for First-Time Offenders

Most first-time DUI offenders receive probation for three to five years. Violating probation can lead to additional penalties. Common probation conditions include:

  1. No driving with any measurable alcohol in your system
  2. Submission to blood or breathalyzer (PAS) testing upon police request
  3. No further legal violations (excluding minor traffic infractions)

Penalties for a Second DUI Conviction (Within 10 Years)

Minimum Penalties:

  • $390 fine plus penalty assessments, totaling approximately $1,800
  • 10 days or 96 hours in jail (two 48-hour sessions)
  • Completion of an 18- or 30-month alcohol treatment program (~$1,800)
  • Two-year license suspension (may be reduced to one year with program enrollment)
  • IID installation on all vehicles owned

Maximum Penalties:

  • $1,000 fine plus penalty assessments, totaling approximately $3,000
  • Up to one year in jail
  • Two-year DMV license suspension
  • 30-day vehicle impoundment at the driver’s expense
  • IID installation on all vehicles owned

Penalties for a Third or Subsequent DUI Conviction (Within 10 Years)

Minimum Penalties:

  • $390 fine plus over $1,000 in penalty assessments, totaling approximately $1,800
  • 120 days in jail (third offense), 180 days (fourth offense)
  • Three-year (third offense) or four-year (fourth offense) license revocation
  • Completion of a 30-month multi-offender program

Maximum Penalties:

  • $5,000 fine plus over $13,000 in penalty assessments, totaling $18,000
  • Up to one year in jail (third offense) or 16 months in state prison (fourth offense, if charged as a felony)
  • 90-day vehicle impoundment or possible vehicle forfeiture
  • Three- to four-year license revocation
  • 30-month alcohol treatment program

Minimum Penalties:

  • $390 fine plus over $1,000 in penalty assessments, totaling approximately $1,800
  • 120 days in jail (third offense), 180 days (fourth offense)
  • Three-year (third offense) or four-year (fourth offense) license revocation
  • Completion of a 30-month multi-offender program

Maximum Penalties:

  • $5,000 fine plus over $13,000 in penalty assessments, totaling $18,000
  • Up to one year in jail (third offense) or 16 months in state prison (fourth offense, if charged as a felony)
  • 90-day vehicle impoundment or possible vehicle forfeiture
  • Three- to four-year license revocation
  • 30-month alcohol treatment program

DUI Involving Injury or Death

A DUI resulting in injury or death can lead to felony charges, carrying a state prison sentence of over a year and up to five years, depending on prior offenses. Previous DUI or reckless driving convictions may increase sentencing. A fourth DUI within ten years may also be charged as a felony, even if no one was injured. Judges treat DUI cases with injury or death with extreme seriousness, often imposing significant jail or prison time.