California has chosen to take a particularly strong stance on DUIs. Since 2011, the state has a policy of suspending the driver’s license of anyone suspected of driving under the influence. This policy is carried out by the state Department of Motor Vehicles (DMV) and is known as admin per se suspension. This means that the first DUI penalty starts as soon as you are arrested, before you’ve had any chance to defend yourself. An officer will confiscate your driver’s license and your suspension will go into effect within 30 days.
But admin per se suspension is just one of consequences you face. We’ve brought together all the major penalties below, so that you get a comprehensive look at the cost of DUI in Los Angeles—and how to fight it.
What counts as DUI in California?
There are several ways you can be convicted of DUI. The most basic involve having a blood alcohol concentration (BAC) level over the legal limit. The limits in California break into four categories:
- .08% or higher: If you are an adult of 21 years of age or older and hold a regular driver’s license, with no other restrictions.
- .04% or higher: If you hold a commercial driver’s license (CDL), regardless of what vehicle you were driving.
- .04% or higher: If you are presently on DUI probation for a previous charge.
- .01% or higher: If you are under the legal drinking age of 21 years old.
However, you can be convicted of DUI even if you are not above the legal limit or if your BAC has not been assessed. If it can be proven that you were “under the influence”—impaired—by a substance, then the exact BAC does not matter.
DUI doesn’t just refer to alcohol. Any substance can count as a DUI if it affects your driving. This includes drugs and medicine, such as:
- Illegal drugs
- Legal prescription drugs, like painkillers
- Legal over-the-counter drugs, like cold medicine
Basic DUI Penalties in California
DUIs carry a variety of penalties depending on the specifics of what happened, whether you refused a chemical test, and your age. But if you are 21+ and are accused of DUI only, the penalties follow a predictable—if severe—pattern.
All DUIs carry penalties including:
- Admin per se license suspension
- Additional license suspension as a criminal penalty
- Fines and court assessments
- Time in jail (which can sometimes be commuted to probation)
- Lengthy educational programs known as DUI school.
- Potentially being ordered to install an ignition interlock device
- Unofficial penalties, such as higher insurance costs
DUI in California is “priorable.” That means you will face tougher penalties if you already have prior DUIs on your record. For this purpose, any DUI in the last 10 years will count against you.
Here are the specific penalties for a first, second, third or fourth (or subsequent) DUI within a 10 year periods.
First Offense DUI
- License suspension of 4 months or longer.
- Up to 6 months in jail
- Fines and fees of up to $3,600 dollars. Total cost can range up to $15,649.
- 3 months of DUI school
- Possible installation of an ignition interlock device on your vehicle
- 3-5 years DUI probation
Second Offense DUI
- License suspension of up to 2 years
- Up to 1 year in jail
- Fines and fees of up to $4,000
- 18 months or 30 months of DUI school
- Mandatory installation of an ignition interlock device on your vehicle
- 3-5 years DUI probation
Third Offense DUI
- License suspension of up to 3 years
- Up to 1 year in jail or up to 16 months in state prison
- Fines and fees of up to $18,000
- 30 months of DUI school
- Mandatory installation of an ignition interlock device on your vehicle
- 3-5 years DUI probation
Fourth Offense DUI
- License suspension of up to 4 years
- Possible permanent license suspension
- Up to 16 months in state prison
- Fines and fees of up to $18,000
- 30 months of DUI school
- Mandatory installation of an ignition interlock device on your vehicle
- 3-5 years DUI probation
- Status as a convicted felon
Special Penalties for Refusing the Chemical Test
Under California law, if you are arrested for DUI you are required to submit to a chemical test. It can be either:
- A blood test
- A breath test
- A urine test
You can request the type of test you prefer but if it’s not available you must take the one that is. There are exceptions, but not many.
Refusing the test carries penalties of its own. Among the most serious is additional license suspension. “Refusal” carries an extra one year, two years, or three years of license suspension depending on whether it’s your first, second or third offense. You can learn more about refusal here.
Penalties for DUI Under 21
If you are not of legal drinking age your DUI is known as an “underage” DUI. California has a Zero Tolerance Policy toward underage drinking and driving. This means that any amount of alcohol (or other intoxicant) in your system is enough to convict you.
If convicted, you will face:
- The criminal penalties listed above
- A one year license suspension
The exact penalties depend on your BAC and other factors. You could have multiple charges stacked against you for a single DUI. You should read our complete guide to DUI for minors. We also have a guide for parents here.
You could also face penalties for carrying alcohol illegally in your vehicle, which carries a $1,000 fine and one year license suspension on its own.
DUI for Commercial Drivers
If you are arrested for DUI and you carry a CDL, you are in danger of losing your career. In addition to the normal penalties above, you face tougher license suspension penalties:
- First offense: 1 year suspension
- Second offense in a 10-year period: Permanent revocation of your CDL
You should read our complete guide for commercial drivers.
Accidents, Injury and Other Factors
All of the penalties above assume that you had a “normal” DUI where no one was hurt and nothing serious happened. This isn’t always the case. You will face tougher penalties if:
- You caused an accident
- Someone lost their life
- You had a very high BAC
- You had a child in the vehicle
- You face any kind of “sentence enhancement”
All of these situations are very serious and you should seek legal help immediately.
After Your DUI
Besides criminal penalties, DUI also carry long term costs. For example, your car insurance costs will go up. You may have trouble applying for jobs, getting into schools, or qualifying for financial aid. And a DUI stays on your driving record for 10 years, carrying 2 points. If you acquire enough points you could be declared a habitual traffic offender.
You ONLY Face Penalties If You’re Convicted
With the exception of license suspension, all of the penalties above can be avoided if you get your DUI charge dropped or dismissed, or even reduced to a lesser charge. Even the license suspension can be fought and potentially avoided if you move quickly. A good Los Angeles DUI lawyer can help you fight your charge, request a DMV hearing, and in many cases walk away cleared of all charges.
Don’t wait until it’s too late. Let us connect you with an experienced Los Angeles DUI attorney. You will get a FREE consultation to discuss your case—and learn how to fight it. Fill out the form to the right or call (310) 862-0199 and get your free consultation today.
