Criminal Punishment

The punishment that the court can impose is set by statute, but can result in up to one year in county jail for misdemeanor DUI, or even several years in state prison for felony DUI.

There are certain aggravating factors that can result in an increase in punishment beyond the statutory minimums. These include having prior convictions for DUI or related offenses, speeding while DUI, having a child in the car, having a blood alcohol level that is .20 or higher, or refusing to submit to a chemical test.

Any punishment imposed by the court is separate from the license suspension or revocation by the DMV If the court orders a driver’s license restriction, that restriction will begin as soon as the DMV’s restriction ends. They do not run concurrently.

Also, as to any fines, keep in mind that in addition to the base fine amounts described below, the court will add assessments that significantly increase the amount that is owed. The base fine amount will triple when all other mandatory costs and fees are added.

In general, a conviction will result in the following punishment:

First Offense: If the court grants informal, unsupervised probation, there are two options. Both require a base fine ranging from $390 to $1,000, and attendance at a 3-month alcohol/drug education program (6-month program if there is a BAC of .20 or higher, or if there is a refusal to test).

• Option A: 48 hours to 6 months in jail, and a 6-month driver’s license suspension; or,
• Option B: A 90-day driver’s license restriction allowing for driving for work and the alcohol/drug program only.

Without probation, the court may impose 96 hours to 6 months in jail, a $390 to $1,000 base fine, and a 6-month driver’s license suspension.

Second Offense: With unsupervised probation, there are two options, both carrying a base fine of $390 to $1,000, plus either:

• Option A: 10 days to 1 year in jail, and a 2-year driver’s license suspension; or,
• Option B: 96 hours to 1 year in jail, an 18-month (or 30-month) alcohol/drug education program, and a driver’s license restriction for the duration of the program allowing driving only for work and the program.

Without probation, the court may impose 90 days to 1 year in jail, a $390 to $1,000 base fine, and a 2-year driver’s license suspension.

Third Offense: With unsupervised probation, the court will impose a sentence of 120-days to 1 year in jail, a base fine of $390 to $1,000, a 3-year license revocation, and an 18-month alcohol/drug education program if one was not done before.

Without probation, 120-days to 1 year in jail, $390 to $1,000 base fine, and a 3-year license revocation.

Fourth or subsequent Offense: If probation is granted, 180 days to 1 year in jail, a base fine ranging from $390 to $1,000, a 4-year license revocation, and an 18-month program if one has not been done before.

Without probation, the court could sentence anywhere from 6- months to 1 year in county jail, or 16 months, 2, or 3 years in state prison; a base fine of $390 to $1,000; and a 4-year driver’s license revocation.

If you or someone you care about stands accused of DUI, please call on an attorney in your area before you even consider pleading guilty. You are welcome to call on Darren, a Los Angeles DUI lawyer, for a free consultation at any time.

Visit Darren Kavinoky's Drunk Driving Guide website to get additional information about drunk driving and California Drunk Driving Defense.