A California court may impose one or all of the following penalties for a DUI. Criminal penalties imposed include county jail, state prison, fines, treatment, probation and license suspension.

JAIL: You can expect to spend some time at county jail for:

Driving at "excessive speed" (30 mph above the lawful freeway speed or 20 mph above the lawful speed on other roadways),
Refusing to take a chemical test,
Or driving with a minor passenger (under age 14) in the vehicle. (Applies to misdemeanor DUI offenses only.)

PRISON: Some time in state prison is in order for:

Multiple victims other than the driver, (sentences are enhanced by one year for each victim, up to three),
Or hit and run, if fleeing the scene after vehicular manslaughter.

Fine, Penalty Assessment and Restitution

Offenders are commonly ordered to pay three types of fines: an offense fine, a penalty assessment 3.and restitution.

1. Misdemeanor offense fines range from $390 to $1,000; felony offense fines range from $390 to $5000.
2. Penalty assessments are 170% of the offense fine.
3. Restitution fines compensate the injuries and losses of victims. Fines range from $100 to $10,000.

Treatment

Convicted DUI offenders may be ordered to attend and complete an alcohol treatment program. Drivers suspended for a DUI conviction must complete a DUI treatment program prior to license reinstatement.

Vehicle Impoundment and Forfeiture

The court can order that the vehicle of a convicted DUI offender be impounded if the offender is its registered owner. A judge can order that an impounded vehicle be forfeited.

Because judges have a wide range of discretion, and depending on the competence of your lawyer, the actual penalties in a DUI case can range widely from court to court and from one county to the next. The law changes constantly. Please call 800-Kick DUI for up-to-date penalties.

Ignition Interlock Device

For first-time offenders, courts may choose to impose the installation and maintenance of a certified ignition interlock device, and require it from one to three years once the drivers license is restored.

The Range of Possible Penalties for California DUI Convictions are as Follows:

1st Offense, No prior DUI Offense

License Suspension: 4 Months (or 1 month suspension with 5 month restriction)
Probation: 1-5 Years
Mandatory Alcohol Classes: 3 to 6 Months
Fines: $390.00 to $1,000.00
Possible Jail: 0 to 6 Months
Car Insurance: Substantial Rise or Termination

Second Offense within 10 years

License Suspension: 1 to 2 Years
Probation: 1-5 Years
Mandatory Alcohol Classes: 18 Months
Fines: $390.00 to $1,000.00
Possible Jail: 96 hours to 1 Year
Car Insurance: Substantial Rise or Termination

Third Offense within 10 years

License Suspension: 3 Years
Probation: 1-5 Years
Mandatory Alcohol Classes: 18 Months (if offender hasn't completed one)
Fines: $390.00 to $1,000.00
Possible Jail: 4 Months to 1 Year
Car Insurance: Substantial Rise or Termination

Fourth Offense within 10 years Can be filed as a felony

License Suspension: 4 Years
Probation: 1-5 Years (or state prison)
Mandatory Alcohol Classes: 18 Months (if offender hasn't completed one)
Proposed Fines: $390.00 to $1,000.00
Possible Jail: 6 Months to 3 Years
Car Insurance: Possible Drastic Rise or Termination

San Bernardino County DUI Penalties:

The courts and district attorney in San Bernardino County instituted a policy of higher penalties on second and third offense DUIs. Second DUI offenders in San Bernardino County get 30 days jail, 45 if they are still on probation from the first. Third DUI offenders get 120 days jail (the statutory minimum), but 180 days jail if they are still on probation for either of the priors.

NOTE: Any of these penalties may be increased for the following sentence enhancements:

1. Refusal to submit to chemical tests
2. Probation violations for prior DUIs
3. Accidents causing injury
4. BAC over .20
5. Speeding - 30 mph over speed limit on freeway - 20 mph over speed limit on other roads
6. Passenger under the age of 14 years old in the car.
7. License restriction may be implemented in addition to the suspensions