If the court grants informal (unsupervised) probation there are two options. Both require a base fine (remember penalties and assessments drive the base amount usually three to five times!) ranging from $390 to $1,000, and attendance at a 3 month alcohol/drug education program (6 month program if the blood/breath alcohol content is a .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 DUI
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 DUI
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 DUI
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.
Note that in addition to the possible penalties discussed above, the Government can charge you with enhancements, which provide potentially higher fines and greater punishment. These enhancements include:
Any previous conviction in any state is considered to be a prior conviction in the state of California . Penalties are enhanced with each prior conviction if within 10 years but "stale" priors (prior convictions from over 10 years ago) can and are considered to increase penalties to the upper discretionary limits.
If you exceed the maximum speed limit by 30 mph on a highway or 20 mph on any other roadway - minimum 60 days in jail even on a first offense .
If there is a minor child (14 years old or under) in the vehicle at the time of arrest the penalties can be enhanced - for each child, 2 days in jail and possible charges of child neglect and/or child endangerment.
If you are under the age of 21, the state of California has a "zero tolerance" policy which means that you can be convicted of a DUI (at the DMV level) if your blood alcohol level is as low as .01. (in court the level goes up to .05%), not to mention, your penalties are often stiffer - including an automatic one year suspension of the driving privilege, higher fine, more jail (or jail alternative), longer alcohol school.
The content of this website is for informational purposes only and is not to be relied upon as legal advice. Viewing this website does not create an attorney-client relationship with P. David Wool. Legal representation will only be established upon receipt of a legal services agreement and full compliance with its terms. The information contained on this website is based on current California state law only and can change over time. Laws vary from state to state. Do not rely upon the content of this website as legal advice. Contact a lawyer at once if you have a legal matter.
