Mary-Margaret Bierbaum, Attorney at Law
CERTIFIED SPECIALIST IN CRIMINAL DEFENSE

Criminal Info

California Criminal DUI Penalties

1st Offense (With No Priors)

  • 2 days to 6 months in jail, or work release (WR)or work furlough (FW) or electronic monitoring (EM) .
  • $1,400 to $1,800 fine + penalty assessments.
  • Up to 6 months loss of license.
  • 3 to 9 months DUI School with substance abuse assessment.
  • Possible community service (which may lessen jail time)
  • Possible ignition interlock device.
  • Possible attendance at a Victim's Panel or AA meetings.
  • 3 to 5 years informal probation (conditional sentence).

2nd Offense (Within 10 Years)

  • 10 days to 1 year in jail or work release (WR) or work furlough (FW) or electronic monitoring (EM) or residential treatment program with probation.  
  • Or 4 days to 1 year in jail and 18 to 30 month DUI School substance abuse program.
  • $1,800 to $2800 fine. (community service may lessen fine).
  • 2 years loss of license.
  • Community service to be ordered by the court.
  • Ignition interlock device for all vehicles you drive.
  • Mandatory attendance at a Victim's Panel or AA meetings.
  • 3 to 5 years informal probation.
  • Restricted license after 1 year suspension (waiting period), (or if drugs were not involved and the driver is found to have been under the influence of only an alcoholic beverage, restricted license after a 90 day suspension) if enrolled in 18 to 30 month DUI school and ignition interlock device.

3rd Offense (Within 10 Years)

  • 120 days to 1 year in jail or work release (WR) or work furlough (FW) or electronic monitoring (EM) or residential treatment program with probation.
  • $1,800 to $2800 fine.
  • 3 years "Habitual Offender" designation.
  • 3 years loss of license.
  • 18 to 30 months DUI School and substance abuse programs.
  • Community service to be ordered by the court.
  • Ignition interlock device for any vehicles driven
  • Mandatory attendance at a Victim's Panel or AA meetings.

4th Offense (Within 10 Years)

  • Felony.
  • 180 days to 3 years in a state prison.
  • Up to $5000 fine.
  • 3 years "Habitual Offender" designation.
  • 3 to 5 years formal probation
  • 4 years loss of license
  • 18 to 30 months DUI school, substance assessment and programs.
  • Community service can be ordered by the court.
  • Ignition interlock device for any vehicles driven
  • Mandatory attendance at a Victim's Panel or AA meetings.

Refusal of Blood Alcohol Content ("BAC") test

  • 1st refusal of BAC test results in 1 year loss of license.
  • 2nd refusal, 2 years loss of license.

Enhanced Blood Alcohol Content ("BAC")

  • BAC of .15% or higher with prior or refusal of BAC test requires 9 months in a DUI program.
  • BAC of .20% or higher requires an enhanced DUI treatment program and loss of license for 10 months.

Underage DUI

BAC of .01% or higher (zero tolerance law).

1st offense:

  • 1 year loss of license.
  • You may be jailed, confined at juvenile hall or released to your parents or guardian.

2nd Offense:

  • 90 days to 1 year in jail.
  • $390 to $1,000 fine.
  • 2 years loss of license.

3rd offense:

  • 120 days to 1 year in jail.
  • Up to $1000 fine.
  • 3 year loss of license.

Disclaimer

This web page is not intended to provide legal advice. Please be aware that statutes and the courts' interpretation of them change over time.

An attorney-client relationship cannot be established with Mary-Margaret Bierbaum simply by reading this website; that can be done only by contacting Ms. Bierbaum and by mutually agreeing on such a relationship. You may use email to contact Ms. Bierbaum or her assistants, but do not email any confidential material or information before an attorney-client relationship has been established.


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