Incarceration represents one of the ways California punishes individuals for driving under the influence (DUI). How long do you go to jail for drunk driving in California?
The time you spend in jail for drunk driving will depend on the specific charges you face and the number of prior changes on your record. For example, a first offense could result in up to six months of jail time.
You can get help handling these charges and potentially avoiding incarceration by contacting a Los Angeles DUI lawyer immediately after an arrest. You can learn more about your legal options when you call or complete our online contact form.
How Long Do You Go to Jail for a First DUI?
Drivers who face a conviction for a standard DUI under CA Vehicle Code 23152 (a) may face up to six months in jail for a first-time DUI. The court system also uses this penalty for drivers without a DUI for over a decade.
Drivers typically serve time at a local jail facility, not a state prison. You will typically serve it in the same city and county where your arrest occurred, although your lawyer can petition the judge to let you serve it in a more convenient location.
In some situations, you may end up in “pay to stay” programs, where you serve your time in a safer, quieter jail facility that handles few or no dangerous criminals. You may also be able to replace your 48 hours of strict jail time with a 5-day work release for a first-offense DUI.
How Long Do You Go to Jail for a Second DUI?
A second DUI can result in up to one year of time in jail. The court can sentence you to a minimum of 96 hours for driving under the influence of alcohol. The minimum time increases with each subsequent offense related to DUI charges.
How Long Do You Go to Jail for a Third DUI?
Drivers convicted of a third DUI within a 10-year period must spend a minimum of six months in jail. They may spend a maximum of one year incarcerated. Aggravating factors may increase a driver’s time in county jail.
How Long Do You Go to Jail for a Fourth DUI?
If this is your fourth DUI offense ever—not just in the last 10 years—you will face a sentence in a state prison, not a local jail. You can expect to spend a minimum of 16 months in prison and up to three years incarcerated.
A criminal defense attorney can help you face these charges directly and potentially avoid incarceration. After an arrest, you can get legal advice quickly from a law firm in California.
Do You Face More Jail Time for DUIs Causing Injury or Death?
Drivers typically face more time behind bars if a DUI hurts someone or even causes a death. In this situation, your DUI could be charged as a felony and will often carry substantial prison sentences. In many cases, there is an extra year of prison for each person who suffered severe injuries.
And if someone died, you could even face a DUI murder charge under CA Penal Code 187, which can result in life in prison. All of these penalties are the same whether the DUI involves alcohol, drugs, or both. A criminal defense lawyer can help you build a case against these accusations.
What Other Penalties Do You Face for a DUI?
California uses other penalties to punish individuals who drive under the influence of drugs or alcohol. Depending on your situation, you may face:
- Fines
- A driver’s license suspension
- A requirement to install an ignition interlock device (IID)
- A requirement to attend an alcohol treatment program
You can expect less severe criminal penalties for a first-time DUI conviction, with the penalties increasing for each subsequent conviction. Misdemeanor offenses result in less severe repercussions than felony criminal charges.
Can You Avoid DUI Jail Time Through Probation?
A judge may agree to waive your jail time if you successfully complete your probation. In other words, if you live up to all the conditions of your 3-5 year DUI probation, you’ll never have to go to jail. If you violate probation, however, you must serve the original jail time plus extra penalties.
Additionally, the court system offers some drivers access to a DUI diversion program. The Department of Health Care Services (DHCS) licenses these programs, which provide treatment for alcohol-related issues. Completing a program may allow you to avoid jail for a DUI.
A Lawyer May Help You Avoid a DUI Conviction and Prison Time
If a lawyer can resolve your DUI charges without a conviction, you may avoid jail time, a license suspension, fines, and other penalties. An attorney may focus on:
- Getting your charges dismissed
- Reducing your charges to a less severe offense (like reckless driving)
- Fighting for you in court
The court may dismiss DUI charges if the prosecution has insufficient evidence to demonstrate a drunk driving offense. Your criminal defense attorney can provide more information about your legal options to avoid severe penalties for drunk driving charges.
Learn More About Jail Time for DUI Charges in California
How long do you go to jail for drunk driving in California? The time spent in county jail depends on the type of charges you face and the number of past DUIs on your criminal record. A criminal defense lawyer can provide information about the specific penalties related to your charges.
You can learn more by calling or filling out our online contact form.
