California DUI Penalties & Fines
All of the information provided on this page and the other areas of this website is for general informational purposes. The information is not intended nor should it be construed as legal advice. While our Inland Empire DUI law firm endeavors to keep all information regarding penalties on this page current and accurate, the law changes frequently. Further, these are typical penalties under California law, but specific penalties can vary depending on the facts, circumstances, county and court. If you have specific questions about your situation, you should speak to an experienced California DUI attorney.
DUI Commercial Driver
If you commit a DUI offense with a BAC of .04 percent or higher while operating a commercial vehicle, you will have your commercial driver’s license (CDL) suspended for one year for a first offense. A commercial driver will lose a CDL permanently for a subsequent offense within a 10 year period.
DUI Commercial Driver
If you commit a DUI offense with a BAC of .04 percent or higher while operating a commercial vehicle, you will have your commercial driver’s license (CDL) suspended for one year for a first offense. A commercial driver will lose a CDL permanently for a subsequent offense within a 10 year period.
Under 21 DUI & Alcohol-Related Offenses
There are two distinct alcohol-related offenses that apply if you are under the age of 21. It is illegal for a minor to possess alcohol in a vehicle unless it unopened, full and sealed unless you are in the car with a parent/guardian, or you are working for a person with an off-site liquor license. The consequences for a violation include:
Under California’s Zero Tolerance Law, penalties will be imposed on a driver who is under 21 if he or she has any detectable level of alcohol in his or her system. If you are driving with a BAC of .01 percent, you will face the following penalties for a first offense:
Because drivers under the age of 21 cannot have any detectable amount of alcohol in their system, they are required to submit to a roadside breath test (also called preliminary alcohol screening (PAS) or preliminary breath test PBT). Drivers over 21 cannot be penalized for refusing this form of testing, but they can be subject to penalties for refusing a formal chemical screening of breath back at the station or blood at a medical center.
There are two distinct alcohol-related offenses that apply if you are under the age of 21. It is illegal for a minor to possess alcohol in a vehicle unless it unopened, full and sealed unless you are in the car with a parent/guardian, or you are working for a person with an off-site liquor license. The consequences for a violation include:
- One year driver’s license suspension
- Impoundment of your vehicle for a year
- Maximum fine up to $1,000
Under California’s Zero Tolerance Law, penalties will be imposed on a driver who is under 21 if he or she has any detectable level of alcohol in his or her system. If you are driving with a BAC of .01 percent, you will face the following penalties for a first offense:
- Educational portion of DUI school
- Driver’s license suspension for a year
- Fine in the amount of hundreds of dollars
Because drivers under the age of 21 cannot have any detectable amount of alcohol in their system, they are required to submit to a roadside breath test (also called preliminary alcohol screening (PAS) or preliminary breath test PBT). Drivers over 21 cannot be penalized for refusing this form of testing, but they can be subject to penalties for refusing a formal chemical screening of breath back at the station or blood at a medical center.
California DUI Sentencing
DUI Penalties & Fines in California
Non-Injury DUI without Penalty Enhancement Factors
First Offense
Second Offense (within 10 year period)
Third Offense (within 10 year period)
DUI with Injury
DUI with injury is a “wobbler” under California law because it can be charged as misdemeanor or felony depending on factors like your criminal record and severity of the injuries.
Misdemeanor
Felony
Felony DUI 4th DUI within 10 Years
Non-Injury DUI without Penalty Enhancement Factors
First Offense
- Incarceration: County jail 48 hours to 6 months (work release possible in some courts/cases)
- California Driver’s License Suspension: 6 to 10 month suspension (Usually can be converted to a restricted license allowing you to drive to/from school, work and DUI classes)
- California DUI School: 3-9 month court-approved alcohol and/or drug education program (AB541)
- Community Service: Some portion of fees and costs can be worked off through community service depending on the court
- Probation: 3 year informal probation
- California DUI Fines/Costs: $390-$1,000 plus penalty assessments (some or all of fine can be converted to Cal-Trans roadside work or jail time)
- Ignition Interlock Device (IID): Possibility IID installation will be required
- Impound: Driver’s vehicle may be impounded
Second Offense (within 10 year period)
- Incarceration: Minimum of 96 hours in jail up to one year maximum (part of jail time might be convertible into work release)
- Driver’s License Suspension: 2 years (may be converted to restricted license after one year)
- DUI School: 18 or 30 month court-approved California DUI school
- Community Service: 10 days mandatory as alternative to jail time
- Probation: 3-5 years informal probation
- DUI Fines/Costs: $390-$1,000 plus penalty assessments
- Impound: Vehicle may be seized permanently
Third Offense (within 10 year period)
- Incarceration: Minimum 120 days to maximum one year in county jail
- Driver’s License Suspension: 3 years (may be converted to restricted license after 18 months)
- DUI School: 30 month court-approved DUI school
- Habitual Offender: Designation as a “habitual traffic offender” (HTO) by DMV
- Probation: 5 years summary probation
- DUI fines/Costs: $390-$1,000 plus penalty assessments
- Ignition Interlock Device (IID): Installation of IID
- Impound: Vehicle may be seized permanently
DUI with Injury
DUI with injury is a “wobbler” under California law because it can be charged as misdemeanor or felony depending on factors like your criminal record and severity of the injuries.
Misdemeanor
- Incarceration: 5 days to one year in a county jail
- Driver’s License Suspension: 1 to 3 years restricted license
- DUI School: 3, 18 or 30 month alcohol program
- Probation: 3 to 5 years summary probation
- DUI Fines: $390-$5,000
- Restitution: Compensation to injured victims
Felony
- Incarceration: 16 months to 10 years in California State Prison + additional 1 to 6 consecutive years depending on extent of injuries and number of injury victims
- Driver’s License Suspension: 4 year driver’s license revocation
- DUI School: 18 to 30 month alcohol/drug program
- Habitual Traffic Offender (HTO) status for 3 years by DMV
- DUI Fines: $1,000-$5,000
- Restitution: Compensation to injury victims
Felony DUI 4th DUI within 10 Years
- Incarceration: 16 months, or two or three years in California State Prison
- Driver’s License Revocation: 4 year driver’s license revocation
- DUI Fines: $390-$1,000
- Habitual Traffic Offender (HTO) status for 3 years by DMV
DUI Penalty Enhancements
The court may impose penalties, terms and conditions other than or different than those listed above. Further, the following facts will serve as a basis for penalty enhancement:
The additional penalty imposed for these aggravating factors will depend on your criminal history with a focus on alcohol/drug-related offenses and the precise circumstances of your DUI arrest.
Contact Us for More Specific Information
While our California DUI lawyers have attempted to provide a broad range of information about DUI laws and penalties, this information is not complete and does not constitute legal advice. If you need legal advice about your specific situation, we invite you to call us to talk to an experienced DUI attorney.
The court may impose penalties, terms and conditions other than or different than those listed above. Further, the following facts will serve as a basis for penalty enhancement:
- Driving at excessive speeds or reckless driving
- Chemical test refusals (also subject to longer administrative driver’s license suspension imposed by DMV and ineligibility for a restricted license)
- Under the age of 21 when committing DUI
- Causing an accident
- Child passenger under the age of 14
The additional penalty imposed for these aggravating factors will depend on your criminal history with a focus on alcohol/drug-related offenses and the precise circumstances of your DUI arrest.
Contact Us for More Specific Information
While our California DUI lawyers have attempted to provide a broad range of information about DUI laws and penalties, this information is not complete and does not constitute legal advice. If you need legal advice about your specific situation, we invite you to call us to talk to an experienced DUI attorney.