California’s DUI penalties are based on how many previous DUI’s you’ve had in the 10 years before your arrest. The penalties start off steep but get worse for a second, third or subsequent offense (the “three strike” system).
Here is a simplified look at minimum and maximum penalties for each DUI offense:
First DUI Offense
- Fines and fees
Minimum: about $1800 including court assessments.
Maximum: about $3600 - Jail
Minimum: 48 hours, or none if you accept an additional 90 days of restricted driving
Maximum: 6 months - License suspension
Minimum: 30 days, plus 2-5 months restricted driving
Maximum: 6 months - Mandatory DUI treatment
A first offense always requires a three month DUI school.
A first DUI can also include 30 days of vehicle impoundment and adding an interlock device to your car, so that turning the car on requires a breath test.
Second DUI Offense
- Fines and fees
Minimum: about $1800
Maximum: about $4000 - Jail
Minimum: 10 days total, or 96 hours including two 48-hour sessions
Maximum: 1 year - License suspension
Minimum: 1 year (once you enroll in treatment), plus 2 years restricted driving
Maximum: 2 years - Mandatory DUI treatment
Minimum: 18-month alcohol treatment program
Maximum: 30-month alcohol treatment program - Interlock Device
Mandatory for all second offense DUI’s.
Your vehicle could also be impounded for up to 30 days.
Third DUI Offense (or More)
- Fines and fees
Minimum: about $1800
Maximum: about $18,000 - Jail
Minimum: 120 days (third offense) or 180 days (fourth offense)
Maximum: 1 year (third offense) or 16 months in state prison (fourth offense) - License suspension
Complete revocation of your license for 3 years (third offense) or 4 years (fourth offense) - Mandatory DUI treatment
30-month alcohol treatment program - Interlock Device
Mandatory for all third or additional offense DUI’s.
Your vehicle could also be impounded for up to 90 days, and you could lose your vehicle entirely.
Additional Penalties
The penalties above assume your DUI did not harm anyone and had no aggravating factors. Aggravating factors are circumstances that cause a DUI to be seen as more serious and can carry a “sentence enhancement” (additional penalties). Example of these circumstances include:
- You were under 21 at the time of your arrest.
- You injured or killed someone
- You caused property damage (including any car accident)
- Your blood alcohol concentration was .15% or higher (roughly twice the legal limit)
- You refused to take a breath or blood test after your arrest
- There was a minor (under the age of 14) in the vehicle
- Excessive speeding or reckless driving
Your DUI can also be tried as a felony in some circumstances. Most fourth offense DUI’s are tried as felonies. So are those where someone was injured or killed. Last, if you have any prior felony DUI on your record, your new DUI will also be treated as a felony.
Clearly the consequences for DUI are serious. The best way to protect yourself is to speak to an experienced DUI attorney. We can connect you with a top Los Angeles DUI lawyer who will give you a free consultation. Fill out the form to the right and get your consultation today.
