California DUI penalties vary depending on whether it’s your first offense, if you endangered any other lives, and your age. Most penalties result in license suspension, fines, and jail time. If you feel like you’ve been wrongfully arrested and charged, you can fight back.
We’ve brought together all the major penalties below so that you get a comprehensive look at the cost of DUI and how to fight it. If you’ve gotten charged with DUI, learning about the penalties and challenging them is essential.
What Counts As DUI in California?
There are several ways you can get convicted of DUI. The most basic involves having a blood alcohol concentration (BAC) level over the legal limit. The limits in California Vehicle Code (CVC) § 23152 breaks 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.
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 medications, like cold medicine
If it can be proven that you were “under the influence” by a substance, then the exact BAC does not matter. You can still get convicted even if your BAC isn’t above or at the legal limit.
Tips To Avoid Getting A DUI In California
Basic DUI Penalties in California
DUIs carry various penalties depending on the specifics of what happened, whether you refused a chemical test and your age. All DUIs generally have 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, such as DUI school
- Potentially being ordered to install an ignition interlock device
- Unofficial penalties, such as higher insurance costs
DUIs in California are “priorable.” That means you will face stricter penalties if you already have prior DUIs on your record. For this purpose, any DUI in the last ten years will count against you.
DUI Penalties in California Based on Prior Offenses
Here are the specific penalties for a first, second, third, or fourth (or subsequent) DUI within a ten-year period in California.
First Offense DUI
For the first offense, the penalties are relatively small:
- License suspension of 4 months or longer
- Up to 6 months in jail
- Fines and fees of up to $3,600 dollars (the total cost can range up to $15,649)
- Three months of DUI school
- Possible installation of an ignition interlock device on your vehicle
- Three to five years DUI probation
Even still, you don’t want a DUI on your record. So, regardless if these penalties seem minor to you, you shouldn’t just accept them.
Second Offense DUI
A second offense DUI can result in:
- License suspension of up to two years
- Up to one 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
- Three to five years DUI probation
These penalties are a bit harsher than the first offense. If you face a second offense DUI, you will most likely face one or more of the above penalties.
Third Offense DUI
On your third offense, penalties include:
- License suspension of up to three years
- Up to one 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
- Three to five years DUI probation
By the third offense, the judge and the prosecution won’t be lenient. You’ll need an experienced Los Angeles DUI attorney to help you win your case.
Fourth Offense DUI
For fourth offense DUIs, penalties consist of:
- License suspension of up to four 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
- Three to five years DUI probation
- Status as a convicted felon
Fourth offense DUIs carry severe penalties, and you’re more than likely going to get all of them brought on you upon conviction. So, don’t end up in this position. At this stage, getting a lawyer is practically mandatory if you want to try and avoid these penalties.
Special Penalties for Refusing the Chemical Test
Under California law, if you get arrested for DUI, you will have 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 has an extra one year, two years, or three years of license suspension, depending on whether it’s your first, second, or third offense.
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 intoxicants, in your system is enough to convict you. If convicted, you will face:
- The criminal penalties listed above
- A one-year license suspension
You could also face penalties for carrying alcohol illegally in your vehicle, which has a $1,000 fine and a one-year license suspension on its own.
DUI for Commercial Drivers
If you get arrested for DUI and carry a commercial driver’s license (CDL), you are in danger of losing your career. In addition to the standard penalties above, you face stricter license suspension penalties:
- First offense: One-year suspension
- Second offense within a ten-year period: Permanent revocation of your CDL
Commercial drivers often operate large and dangerous vehicles. Therefore, penalties for commercial drivers can be extremely high depending on the circumstances.
Accidents, Injury, and Other Factors
All 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 these situations are very serious, and you should seek legal help immediately.
After Your DUI
Besides criminal penalties, DUIs 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 ten years, carrying two points. If you acquire enough points, you could be declared a habitual traffic offender.
You Only Face Penalties If You Get Convicted
Except for license suspension, all the penalties above can be avoided if you get your DUI charge dropped, 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 an administrative hearing with the DMV, and in many cases, walk away cleared of all charges.
Don’t Fight Against DUI Penalties Alone
Whether you’ve gotten arrested for your first or fourth DUI offense in California, you should never try to fight against your charges alone. A lawyer can help you fight for your innocence against the prosecution in many ways, including:
- Challenging the results of your breath or chemical tests
- Using your rights to prove that the police had no reason to stop you
- Using different forms of proven defense such as split blood testing, mouth alcohol, or rising BAC defenses
- Consulting with experts and witnesses that support your side of the story
- Collecting evidence pertinent to proving your innocence
You don’t have to go through this challenging time by yourself. Our experienced and dedicated Los Angeles DUI attorneys have years of experience that can help you win your case.
Reduce Your DUI Penalties Today
If you need assistance, you can contact our law office 24/7 to schedule an appointment for a free case review and consultation. There’s no risk or obligation when you call us or contact us through our online form. Don’t hesitate to get started fighting back against your California DUI case today.
