California DUI Laws
Generally, DUIs in California result in two alternative charges being filed. The first is that you were driving under the influence of alcohol and/or drugs, under California Vehicle Code section 23152(a). The second is that you were driving with a blood alcohol content of 0.08% or greater, pursuant to California Vehicle Code section 23152(b).
DUI Penalties in California
Penalties for a First DUI
- A fine of $390, plus assessments that total about $1,500.
- Two days to six months in jail. A 90-day license restriction allowing you to drive to and from your work—and for work—if required, and to and from an alcohol treatment program.
- If the 90-day restriction is imposed, it begins after your DMV four-month suspension or 30-day suspension followed by a five-month restriction.
- Mandatory attendance and completion of a 3, 6, or 9 month alcohol treatment program (DUI class).
- Suspension of driver’s license for 30 ays followed by a restricted license for five months that allows you to drive to and from work and the alcohol treatment program.
- Informal probation, typically for 3 years.
Penalties for a Second DUI
If you receive a second DUI within 10 years of the first, then the DUI will be sentenced as a second DUI.
- A fine of $390, plus assessments that total about $1,500.
- Minimum of 4 days to a maximum of one year in jail.
- Mandatory attendance and completion of an 18 month or 30 month alcohol treatment program.
- Two years driver’s license suspension. After 90 days it can be converted to a restricted license with the installation of an ignition interlock device.
- Informal probation for 4 years.
Penalties for a Third DUI
If you receive a third DUI within 10 years of the first two, then the DUI will be sentenced as a third DUI.
- A fine of $390, plus assessments that total about $1,500.
- Minimum of 120 days to a maximum of one year in jail.
- Mandatory attendance and completion of a 30 month alcohol treatment program.
- Three years driver’s license suspension. After 18 months it can be converted to a restricted license.
- Informal probation for 3 to 5 years.
Penalties for a Fourth DUI
If you receive a fourth DUI within 10 years of the first three, then the DUI will be sentenced as a fourth DUI.
- Fourth DUIs are felonies.
- A fine of $390, plus assessments that total about $1,500.
- Minimum of 180 days to a maximum of one year in jail.
- Mandatory attendance and completion of a 30 month alcohol treatment program.
- Four years driver’s license suspension.
- Will be labeled a habitual traffic offender for three years. See California Vehicle Code section 14601.3.
California has many other laws that deal with driving recklessly, under the influence, or when a death occurs from driving under the influence.
Calculating Blood Alcohol Level (BAC)
It is important to understand blood alcohol levels and how long alcohol stays in your system. The calculator below gives you an approximate idea.
| Beer | Wine | Shot of Liquor | |
| Fluid Ounces | 12 | 4 | 1.5 |
| Alcohol Content | 4%-7% | 15%-20% | 30%-50% |
