DUI Penalties

A drunk driving conviction in California is a serious matter. With my experience as a Sacramento area DUI attorney, I will help you seek the best possible resolution of your case and help you get your life back on track after a drunk driving arrest.

Penalties for DUI (VC 23152)
  • 1st offense DUI -- Fines between $390 and $1000 plus additional penalties assessed by the court, jail time from 48 hours to six months, license suspension for six months, probation from three to five years, participation in a DUI education program, and other penalties
  • 2nd offense DUI -- (Within 10 years of any previous DUI) -- Fines between $390 and $1000 plus additional penalties assessed by the court, jail time from 96 hours to one year, license suspension up to two years, probation from three to five years, participation in a DUI education program, and other penalties
  • 3rd offense DUI -- (Within 10 years of any two previous DUIs) -- Fines between $390 and $1000 plus additional penalties assessed by the court, jail time from 120 days and one year, license suspension up to ten years (as of January 1, 2012, per AB 1601), probation from three to five years, participation in a DUI education program, and other penalties
  • 4th offense DUI -- (Within 10 years of any three previous DUIs) -- Fines between $390 and $1000 plus additional penalties assessed by the court, jail time from 180 days to one year, license suspension up to ten years (as of January 1, 2012, per AB 1601), participation in a DUI education program, and other penalties. A fourth DUI is a felony offense if all subsequent DUI convictions occurred within 10 years.
Penalties for DUI with Injury (VC 23153)
  • 1st offense DUI with Injury -- Fines between $390 and $1000 plus additional penalties assessed by the court; jail time up to one year, or longer in state prison; license suspension for one year; probation for three to five years; participation in a DUI education program; and other penalties
  • 2nd offense DUI with Injury -- (Within 10 years of any previous DUI) -- Fines between $390 and $5000 plus additional penalties assessed by the court; jail time up to one year, or longer in state prison; license suspension for three years, probation for three to five years; participation in a DUI education program; and other penalties
  • 3rd or subsequent DUI with Injury -- (Within 10 years of previous DUIs) -- Fines between $390 and $5000 plus additional penalties assessed by the court; jail time of at least one year, or two, three, or four years in state prison (additional prison time for 4th or more DUI); license suspension up to ten years (as of January 1, 2012, per AB 1601); probation for three to five years; designation as a habitual traffic offender; participation in a DUI education program; and other penalties

DUI with Injury is considered a 'wobbler' under California state law, meaning that it can be charged as either a misdemeanor or a felony depending on the circumstances of the incident. For a more detailed description of DUI with Injury, click here.

The penalties listed above apply to DUI or DUI with injury with no aggravating offenses. Many DUI arrests come with additional charges such as speeding, driving with a child under the age of 14, or driving on a suspended license. Any of these aggravating offenses can greatly increase the penalties driving under the influence.

Ignition Interlock Device Installation

If you are convicted of DUI in Sacramento County, you will be required to have Ignition Interlock Devices (IIDs) installed on your vehicles. This is mandatory for all people convicted of a DUI violation in Sacramento County even if they live in another county. An IID is a device that requires the driver to blow into a tube before a vehicle can be started. If any alcohol is detected the vehicle will not start. Sacramento is one of four counties in which this program is being piloted through 2018. The program will go into effect throughout California's 58 counties beginning January 1, 2019. Click here for details on the Ignition Interlock Device program.

DMV Hearings

If you have been arrested for DUI in California, you have 10 days to request a hearing with the Department of Motor Vehicles (DMV). If you fail to do this, you could lose your license. If you contact the DMV within 10 days of your arrest, they can issue a stay on your license suspension, which will allow you to drive up until the date of your hearing.

Free and Confidential Consultation

If you have been charged with drunk driving, I will explore all options to minimize charges and the penalties you may be facing. Contact me at (916) 442-1200 for a free consultation to discuss your case.