California DUI Laws & Penalties

Penalties for Drunk Driving in California

First DUI Offense

If you are charged with a first DUI offense and have no prior DUI-related convictions within the past 10 years, the potential penalties may include:

• Up to 6 months in county jail
• A base fine of up to $1,000, plus penalty assessments and court fees
• Informal (summary) probation
• Mandatory DUI education program
• License suspension or restriction

While jail time is not mandatory in every first-offense DUI, certain circumstances can require it (see “DUI enhancements” below).

First-Time DUI Arrest FAQs

Second DUI (Within 10 Years)

A second DUI conviction within 10 years carries significantly harsher penalties, including:

• Minimum of 96 hours in custody
• Up to 1 year in county jail
• Increased fines and fees
• Longer DUI education programs
• Longer license suspension or restriction

Third DUI (Within 10 Years)

A third DUI offense within 10 years exposes a person to:

• Minimum of 120 days in custody
• Up to 2 years in county jail
• Substantial fines and fees
• Lengthy alcohol treatment programs
• Extended license suspension

Fourth DUI (Within 10 Years)

A fourth DUI offense within 10 years may be charged as a felony, with penalties that can include:

• Minimum of 180 days in custody
• Up to 3 years in state prison
• Felony probation or parole
• Long-term license revocation

Important: Jail or custody time is imposed in addition to probation conditions, fines, and mandatory alcohol programs.

DUI Enhancements That Increase Jail Time

Even a first-offense DUI can require mandatory jail time if certain “special allegations” or enhancements apply. These enhancements significantly increase the minimum penalties.

Test Refusal (Implied Consent Law – CVC 23577)

If you willfully refuse or fail to complete a chemical test after arrest:

• First offense: Additional 2 days in jail
• Second offense: Additional 4 days in jail
• Third offense: Additional 10 days in jail
• Fourth offense: Additional 18 days in jail

Video: Should you take the breath test?

Excessive Speeding (CVC 23582)

Driving 30+ mph over the limit on a freeway or 20+ mph over the limit on a street or highway in a reckless manner requires a minimum of 60 days in jail, even for a first offense.

Learn more about speeding enhancements

Minor Passenger in the Vehicle (CVC 23572)

If a passenger under 14 years old was in the vehicle at the time of the DUI:

• First offense: 48 continuous hours in jail
• Second offense: 10 days in jail
• Third offense: 30 days in jail
• Fourth offense: 90 days in jail

These penalties are imposed in addition to any other sentence.

Learn more about DUI with a child passenger

Probation After a DUI

In addition to the potential jail/custody sentence that a person can receive for a DUI offense, the law also requires that the person be granted probation in most instances (unless the maximum punishment is given). 

In most instances when a misdemeanor is charged, the probation is informal (i.e., summary) wherein the Probation Department of the county does not supervise them, but they must abide by the probation conditions ordered by the Court, or else they will receive additional punishment, including the possible maximum jail/custody time in the case. 

The Court can impose many different probationary conditions, but here are a few of the standard terms and conditions of DUI probation:

• Fines and fees (base fine of $390 plus penalties, often totaling around $2,000 or more)
• Mandatory DUI education programs:
  • 3–9 months for a first offense
  • 18 months for a second offense
  • 18–30 months for a third offense
• Cannot drive with ANY alcohol in your system
• Cannot drive without a valid license and insurance

In some circumstances, the person can also be ordered to complete Volunteer Community Service, CALTRANS, work release, or home confinement/secured electronic confinement. This can be instead (“in lieu”) of jail/custody time, or in addition to jail/custody time.

License Suspensions

All of these court penalties are in addition to the license suspensions that can occur as a result of the Administrative Per Se DMV suspension and a separate license suspension that occurs after a person is convicted of ANY of the above-listed offenses in the criminal court. 

The length of the license suspensions and the potential ability to obtain a restricted license during part/all of the suspension period depends on a variety of factors, including, but not limited to, the following:

• The driver’s history of DMV suspensions and/or DUI related convictions;
• The exact charges and allegations a person was convicted of in the criminal court;
• The timing of the different suspension periods (i.e., Administrative Per Se suspension versus the suspension following any court conviction); and
• Whether a “refusal” pursuant to California’s Implied Consent law is alleged.

These are just a few of the different factors, history and circumstances that could drastically change the length and nature of any license suspension issued by the DMV either because of the Administrative Suspension following the arrest, or after any criminal court conviction. Due to the complexity of DUI license suspensions, it is highly advisable to consult with a knowledge DUI lawyer in order to best understand the potential suspensions that the DMV may attempt to impose in your case.

Arrested for DUI? Learn What You're Up Against

Every DUI case is different, and small details can dramatically affect the penalties you face. To learn how California DUI laws apply to your situation, schedule a free initial consultation with The Law Offices of Taylor & Taylor by calling (562) 330-4173 or completing our online contact form.