Criminal and DMV Penalty Chart

California Vehicle Code Section 23152 provides that it us unlawful for anyone under to influence of alcohol or drugs to drive a vehicle. For those convicted of DUIs pursuant to Sec. 23152 the following penalties apply:

Penalties are based on number of offenses within ten years.

1st Offense with Probation - California Vehicle Code Sec. 23536 & 23538

  • Imprisonment for up to 6 months
  • Fines of $390 to $1000 and either jail time or license restrictions.
  • License restrictions
  • Mandatory attendance in a driving under the influence program.
  • For Los Angeles County residents, installation of an ignition interlock device

2nd Offense with probation – California Vehicle Code Sec. 23540 & 23542

  • Imprisonment for 10 days to 1 year and 2 year license suspension; or
  • 96 hours to 1 year in jail
  • Mandatory completion of an 18-month or 30 month driving under the influence program.
  • Fines of $390 to $1000
  • For Los Angeles County residents, installation of an ignition interlock device

3rd Offense with Probation, Vehicle Code Section 23546 & 23548

  • Imprisonment for 120 days to 1 year in jail
  • Fines of $390 to $1000
  • Revocation of drivers license for three years
  • Mandatory completion of an 18-month or 30 month driving under the influence program
  • For Los Angeles County residents, installation of an ignition interlock device

4th Offense with Probation 23550 & 23552

  • Imprisonment of 180 days to 1 year in jail or 2-3 years in state prison
  • Fines of $390 to $1000
  • Revocation of drivers license for up to four years
  • Mandatory completion of an 18-month or 30 month driving under the influence program

California Department of Motor Vehicles DUI Penalties

1st Offense

  • Minimum 1 year license suspension for drivers under 21 with a BAC of .01 or more
  • Minimum 1 year license suspension for refusing to take a blood, breath, or urine test
  • Minimum 4 month license suspension for drivers 21 and older with a BAC of .08 or more

2nd Offense

  • Minimum 1 year license suspension for drivers under 21 with a BAC of .01 or more
  • Minimum 2 year license revocation for refusing to take a blood, breath, or urine test
  • Minimum 1 year license suspension for drivers 21 and older with a BAC of .08 or more

3rd or more Offense

  • Minimum 1 year license suspension for drivers under 21 with a BAC of .01 or more
  • Minimum 3 year license revocation for refusing to take a blood, breath, or urine test
  • Minimum 1 year license suspension for drivers 21 and older with a BAC of .08 or more