Driving under the influence (DUI) is against the law in California. Many drivers wonder what to expect after a DUI conviction. We can help you review California DUI penalties, which generally include jail time, a license suspension, fines, and a requirement to complete a DUI program.
We’ve compiled all the major penalties below so that you can get a comprehensive look at the cost of DUI and how to fight it. A Los Angeles DUI lawyer can help you learn about the penalties and challenge these charges.
Find out more by calling or completing our online contact form.
What Are DUI Penalties in California?
DUIs carry various penalties depending on the specifics of what happened, whether you refused a chemical test, and your age. According to the California Driver’s Handbook, all DUIs generally have penalties, including:
A License Suspension
The Department of Motor Vehicles (DMV) can suspend your license through an admin per se hearing after an arrest for driving with an elevated blood alcohol concentration (BAC). This suspension generally begins 30 days after your arrest, regardless of a conviction.
You can face this suspension even for a first-time DUI. You may face an additional suspension as a criminal penalty if your arrest results in a criminal conviction for driving a vehicle while over the legal limit.
Usage of an Ignition Interlock Device (IID)
The court may require you to install an IID to drive a motor vehicle after a DUI conviction. You may need a restricted license to operate your car with an IID. This tool will act as a breathalyzer attached to your vehicle.
Fines
A conviction for driving with an elevated blood alcohol content can leave you facing high fines. Generally, you face a small fine for a first-time DUI and higher fines for subsequent offenses.
Incarceration
After a DUI conviction, you may face time in jail or prison. Sometimes, a defense attorney can help you commute this penalty to formal or informal probation.
Time in DUI School
Finally, a conviction for driving under the influence of alcohol could allow the court to order you to attend an alcohol treatment or education program. You can reach out to a law firm for legal advice about how to handle these charges.
Additionally, some drivers may have to perform community service.
Do DUI Penalties Change Based on Your Criminal Record?
In California, you face specific penalties for a first, second, third, or fourth (or subsequent) DUI within ten years.
First Offense DUI
For first-time DUI offenders, 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 (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 of DUI probation
Even still, you don’t want a DUI on your record. So, regardless if these penalties seem minor, you shouldn’t just accept them. Make sure you get legal representation to handle drunk driving charges as a first-time offender.
Second Offense DUI
A second offense DUI can result in:
- License suspension of up to two years
- More time in jail (up to one year)
- Fines and fees of up to $4,000
- 18 months or 30 months of DUI school
- Installation of an IID and required use of a restricted license
- Three to five years of DUI probation
These penalties are harsher than those for a first-time DUI conviction. If you face charges for a second offense DUI, you will most likely face one or more of the above penalties.
Keep in mind that you can face these potential consequences after a lawful arrest for driving under the influence of drugs or alcohol.
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
- IID usage and a requirement to use a restricted license
- Three to five years of DUI probation
The judge and the prosecution won’t be lenient on the third offense. 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 of DUI probation
- Status as a convicted felon
Fourth-offense DUIs carry harsher penalties because they often count as felony DUIs, 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. Getting a lawyer is practically mandatory if you want to 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.
Refusing the test carries penalties of its own. Among the most serious is additional license suspension. Refusal has an extra one, two, or three years of license suspension, depending on whether it’s your first, second, or third offense on your criminal record.
Penalties for a 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. Therefore, 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. A defense lawyer can provide more information.
Penalties for a Commercial DUI
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 ten years: 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.
Other Penalties for a DUI in California
Besides criminal penalties, DUIs come with additional consequences. For example, your car insurance premiums will go up. You may have trouble applying for jobs, getting into schools, or qualifying for financial aid. A DUI stays on your driving record for ten years, carrying two points.
You could be declared a habitual traffic offender if you acquire enough points. You can review additional penalties in more detail with an attorney.
You Only Face Penalties if You Get Convicted
Except for license suspension, you can avoid all the penalties if your DUI charge is dropped, dismissed, or even reduced to a lesser charge. If you move quickly, lawyers can even fight the license suspension.
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 without legal penalties. You can discuss all potential penalties with a legal professional today.
Learn More About California DUI Penalties Today
Want to learn more about California DUI penalties and what to expect after a DUI conviction? Reach out to us to discuss these criminal charges and possible legal penalties. Call us or complete our online contact form to review our resources.