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:: CALIFORNIA STATE DUI PENALTIES ::

CALIFORNIA CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
(VEHICLE CODE SECTION 23152 (a) and (b))

OFFENSE   MINIMUM AND MAXIMUM
SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM)
    MINIMUM AND MAXIMUM
SENTENCES WHEN PROBATION IS NOT GRANTED (3 TO 5 YEARS PROBATION TERM)
FIRST
offense within 10 years
 
Two options both requiring a fine of $390 to $1,000 plus penalty assessments, attendance at a 3-month alcohol /drug (or a 6-month program if BAC.20% or more, or if you refused a chemical test (other than PAS) plus either:

(A) 48 hours to 6 months in jail, and a
6-month license suspension,

or

(B) a 90-day driver's license restriction
once you get your license back from the DMV, allowing driving to and from work, within the scope of work, and to and from the program.
Under either option license shall be suspended for 6 months if the offense occurred in a vehicle requiring a class A or B license.



 
96 hours to 6 months in jail, $390 to $1,000 plus penalty assessments, and a 6-month driver's license suspension.

SECOND
offense within 10 years
 
Two options, both carrying a fine of $390 to $1,000 plus penalty assessments, plus either:

(A) 10 days to 1 year in jail and a 2 year
driver license suspension;

or


(B) 96 hours to 1 year in jail, an 18-month
(or 30 month) alcohol/drug program, and a driver's license restriction allowing driving only for work and program attendance for the duration of the program once you get your license back from the DMV. Your license shall instead be suspended for 2 years if the offense occurred in a vehicle requiring a class A or B license.

   
90 days to 1 year in jail, $390 to $1000 fine plus penalty assessments and 2-year license suspension.

 
THIRD
offense within 10 years
 
120 days to 1 year in jail, $390 to $1000 fine plus penalty assessments, a 3-year driver's license revocation, and an 18-month
alcohol/drug program if you have not completed one before.


 
120 days to 1 year in jail, $390 to $1000 fine plus penalty assessments, and a 3-year driver's license revocation.

FOURTH
or subsequent offense within 10 years
 
180 days to 1 year in jail, $390 to $1000 fine plus penalty assessments, a 4-year driver's license revocation, and an 18-month
alcohol/drug program if you have not completed one before.
   
16 months, or 2 or 3 years in state prison (or 180 days to 1 year in county jail); $390 to $1000 fine plus penalty assessments, and a 4-year driver's license revocation.
Note: The DA can file felony charges.



MORE HELPFUL LINKS

:: Proof of Financial Responsibility
:: Possible Affirmaitive Defenses
:: California DMV DUI Penalties
:: DMV Hearings
:: What to do if Stopped for DUI
:: Our Recommendations if pulled over for DUI
:: Approved DUI Programs (pdf)
:: dui-help.com
:: Nationwide Network of DUI Defense Lawyers

:: California DUI Lawyers Association
:: Contact Us For a FREE case evaluation




   
  Wagner & Zielinski, APC
3454 E. Anahiem Street
Long Beach, CA 90804
Toll Free: (800) 931-0450
Fax: (562) 597-0414
Email: info@wzlawyers.com

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