California DUI Penalties

The penalties for a DUI offense in California are getting tougher every day. Jail time is becoming a real prospect for more and more offenders. At the Law Offices of Johnson and Johnson, we have a great track record of keeping our clients out of jail. But, you need to call us early so we can start building a defense, and start taking the steps that are necessary to keep you out of jail.

Administrative Per Se License Suspensions
First Offense .08 or greater 4 month suspension
Refusal 1 year suspension
Second Offense within 10 years .08 or greater 1 year suspension
Refusal 2 year revocation
Third Offense within 10 years .08 or greater 3 year revocation
Refusal 3 year revocation
Fourth Offense within 10 years .08 or greater 4 year revocation
Refusal 4 year revocation

FIRST DUI OFFENSE VEHICLE CODE § 23152

VC § 23536 WITHOUT PROBATION
Jail:
96 hours to 6 months (48 hours are continuous unless it interferes with work)
Fine:
$390 to $1,000 plus assessment.
Treatment:
None required; however, DMV will not reinstate license until proof of completion of a treatment program is received at its headquarters. VC§ 13352(a)(1).
License:
DMV will impose a 6-month suspension. CVC § 13352(a)(1). Defendant must surrender license to court.
NOTE:
The defendant may seek a restricted license from the DMV if certain requirements are met, including submitting proof of enrollment or completion of a treatment program, proof of financial responsibility, and payment of specified
fees. VC §13352.4. However, if the court determines that the person would present a traffic safety or public safety risk if authorized to drive during the suspension period, the court may disallow the issuance of a restricted license. VC 23536(d).
VC § 23538 WITH PROBATION – (See also, VC § 23600)
Jail:
May impose 48 hours to 6 months.
VC § 23538(a)(1).
Fine:
$390 to $1,000 plus assessment.
Treatment:
Completion of a 3-month treatment program. However, if the defendant has a blood-alcohol content of .20 percent or more, or refused a chemical test at arrest, a 9-month treatment program is required. The court must advise the defendant that the driving privilege will not be restored until proof of successful completion of a program is received at the DMV’s headquarters. . VC § 23538(b)(2).
License:
DMV will impose a 6-month suspension.
VC § 13352(a)(1). Defendant must surrender license to court.
NOTE:
The defendant may seek a restricted license from the DMV if he submits proof of enrollment or completion of a treatment program, proof of financial responsibility, and payment of specified fees. VC §13352.4. However, if the court determines that the person would present a traffic safety or public safety risk if authorized to drive during the suspension period, the court may disallow the issuance of a restricted license, VC § 23538(a)(3).VC § 23578: In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.
Miscellaneous Penalties
Restitution:
Restitution fine of $100 – $1,000 and restitution to victim(s) or Restitution Fund. PC § 1202.4.
Impound:
May order vehicle impounded for up to 30 days. (Defendant must be the registered owner of the vehicle used in the offense.) VC § 23594.
Ignition Lock Device:
May require that the defendant install an ignition interlock device for a period not to exceed 3 years. The court must give heightened consideration to an lID order
if the defendants BAC was .20 % or more, if the defendant refused a chemical test at arrest, or if he or she has two or more prior moving traffic violations. VC § 23575.
Enhancements
Refusal:
48 hours in county jail is mandatory, if probation is imposed. VC §23577. In addition, the DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle for one year upon a first refusal, or ever again for a second or subsequent refusal. VC § 15300(a)(9), 15302(1).
Commercial Vehicle:
The DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle for one year. VC § 15300(a)(1) and (2).
Defendant
(13-21 yrs):
The court shall order an additional 1-year suspension or delay in issuance of license. Exception based on critical need to drive. VC §13202.5.
Defendant
(under 18 yrs):
DMV shall revoke license (a) until person turns 18, (b) for one year, or (c) for the  duration of any restriction, suspension, or revocation as specified in VC § 13352(a), whichever is longer. ye § 13352.3.
Minor
Passenger:
48 continuous hours in county jail, whether or not probation is imposed. VC § 23572.
Excessive Speed:
Additional and consecutive 60 days in jail if defendant’s speed exceeds the posted speed limit by 30 or more miles per hour on a freeway, or 20 or more miles per hour on any other street or highway and the driving is reckless under VC § 23103. Treatment program is required if probation is not granted. VC § 23582.
Prior Felony Conviction(s):
Driver’s license will be revoked by the DMV for four years pursuant to VC § 23550,5 if any prior felony convictions are for a violation of VC §23152, 23153 or PC § 191.5 or 192(c)(1) or (3) within 10 years.
Prior DUI Conviction
More than 10 Years Ago, or PC § 647(t) Conviction
Defendant must be ordered into an alcohol or drug problem assessment program. If the program assessment recommends additional treatment, the court may order 18-month or 30-month program. VC § 23646(b)(3).

FIRST DUI OFFENSE WITH INJURIES IN 10 YEARS VEHICLE CODE § 23153

VC § 23554 WITHOUT PROBATION
Felony:
16 months or 2 or 3 years in state prison. PC§ 18.
Misdemeanor:
90 days to 1 year in county jail.
Fine:
$390 to $1,000 plus assessment.
Treatment:
None required; however, DMV will not reinstate license until proof of completion of a treatment program is received at its headquarters. VC § 13352(a)(3).
License:
DMV will impose a 1-year suspension. VC § 13352(a)(2).
Defendant must surrender license to court.
VC § 23556 WITH PROBATION (See also, VC § 23600)
Jail:
5 days to 1 year.
Fine:
$390 to $1,000 plus assessment.
Treatment:
Completion of a 3-month treatment program. However, if the defendant has a blood-alcohol content of .20 percent or more, or refused a chemical test at arrest, a 9-month treatment program is required. The court must advise the defendant that the driving privilege will not be restored until proof of successful completion of a program is received at the DMV’s headquarters.
License:
DMV will impose a 1-year suspension. VC § 13352(a)(2).
Defendant must surrender license to court.
NOTE:
VC §23578: In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.
Miscellaneous Penalties
Restitution:
Restitution fine of $100 to $1,000 for misdemeanors; $200 to $10,000 for felonies; and restitution to victim(s) or Restitution Fund. PC § 1202.4.
Impound:
Must order the vehicle impounded for up to 30 days if the offense occurred within 5 years of a prior DUI conviction, unless “interests of justice” exception is found. (Defendant must be the registered owner of the vehicle used in the offense.) VC § 23594.
Ignition Lock Device:
May require that the defendant install an ignition interlock device for a period not to exceed 3 years. The court must give heightened consideration to an lID order if the defendant’s BAC was .20 % or more, if the defendant refused a chemical test at arrest, or if he or she has two or more prior moving traffic violations. VC § 23575.
Enhancements
Refusal:
48 continuous hours in county jail, whether or not probation is granted. VC § 23577. In addition, the DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle for one year upon a first refusal, or ever again for a second or subsequent refusal. VC § 15300(a)(9), 15302(i).
Commercial Vehicle:
The DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle for one year if convicted of a first DUI violation. VC § 15300(a)(3) & (4).
Multiple Victims:
On felony conviction, 1 year in state prison per additional victim, 3-year maximum.
Victim = bodily injury or death. VC § 23558 or PC § 12022.7 GBI allegation
Defendant
(13-21 yrs):
The court shall order an additional 1-year suspension or delay in issuance of license. Exception based on critical need to drive. VC §13202.5.
Defendant
(under 18 yrs):
DMV shall revoke license (a) until person turns 18, (b) for one year, or (c) for the duration of any restriction, suspension, or revocation as specified in VC § 13352(a), whichever is longer. ye § 13352.3.
Excessive Speed:
Additional and consecutive 60 days in jail if defendant’s speed exceeds the posted speed limit by 30 or more miles per hour on a freeway, or 20 or more miles per hour on any other street or highway and the driving is reckless under VC § 23103. Treatment program is required if probation is not granted. VC § 23582.
Prior Felony Conviction(s):
Driver’s license will be revoked by the DMV for four years pursuant to VC § 23550,5 if any prior felony convictions are for a violation of VC §23152, 23153 or PC § 191.5 or 192(c)(1) or (3) within 10 years.
Prior DUI Conviction
More than 10 Years Ago, or
PC § 647(f)
Conviction
Defendant must be ordered into an alcohol or drug problem assessment program. If the program assessment recommends additional treatment, the court may order an 18-month or 30-month program. VC § 23646(b)(3).