Vehicle · DUI penalties
DUI Penalties in California
The jail, fines, and license loss for a DUI in California by offense, when a DUI becomes a felony, the lookback period that counts your priors, and what raises the penalty. These are the criminal penalties, separate from the DMV license suspension. Cited to the statute.
DUI penalties by offense in California
Jail, fine, and license loss for a first, second, and third offense, the felony threshold, and the aggravators that raise the penalty.
California DUI penalties and the statewide ignition interlock rules are amended often. Confirm the current jail, fine, and license figures for your offense date before relying on them.
| Penalties by offense | What it means |
|---|---|
| First offense | A first conviction under Vehicle Code section 23536 is punishable by 96 hours to six months in county jail (at least 48 hours continuous), a fine of $390 to $1,000 before penalty assessments, and a six-month license suspension. |
| Second offense | A second conviction within 10 years under section 23540 carries 90 days to one year in county jail, a $390 to $1,000 fine before assessments, and a two-year license suspension. |
| Third offense | A third conviction within 10 years under section 23546 carries 120 days to one year in county jail, a $390 to $1,000 fine before assessments, and a three-year license revocation. |
| Felony threshold | A fourth DUI within 10 years is a felony under section 23550, punishable by 16 months, two years, or three years in state prison. A DUI causing injury, or a case with a prior felony DUI, can also be charged as a felony. |
| Ignition interlock | California requires an ignition interlock device to restore full driving privileges after a DUI. A first offender can choose a six-month interlock for unrestricted driving, and repeat offenders face one to four years of interlock. |
| What raises the penalty | What it means |
|---|---|
| High blood alcohol level | A blood alcohol level of 0.15 or higher is an aggravating factor the court weighs toward more jail time, a longer program, and stricter license terms. |
| Child passenger | Driving under the influence with a passenger under 14 adds a mandatory sentence enhancement under Vehicle Code section 23572, on top of the base DUI penalty. |
| Causing injury | A DUI that causes injury to another person is charged under Vehicle Code section 23153, a wobbler that can be a felony carrying state prison time. |
| Refusing the chemical test | Refusing a breath or blood test after a lawful arrest triggers a separate one-year license suspension under the implied-consent law and adds a mandatory jail enhancement to the criminal sentence. |
What you can do right now
Concrete, neutral steps if you are facing a DUI in California. This is legal information, not legal advice.
- Get a DUI defense lawyer
DUI sentencing turns on priors, blood alcohol level, and aggravators. A California DUI attorney can explain the exposure for your offense date and county.
- Track both cases
You face a criminal case in court and an administrative case at the DMV. You generally have only 10 days after arrest to request a DMV hearing, so act quickly.
- Confirm the interlock and program terms
Ask whether an ignition interlock and a licensed DUI program are required for your offense level, and how long each one runs.
A DUI is a criminal charge with lasting consequences, and deadlines to challenge the license suspension are short. A licensed DUI defense attorney can explain your options; the state bar can refer you to one.
→ State Bar of California, Lawyer Referral ServicesThis is general legal information, not legal advice. Penalties turn on your BAC, priors, and the exact charge, and the criminal case is separate from the DMV license case, so confirm your situation against the statute and talk to a lawyer.
What drivers in California get wrong about DUI penalties
A first California DUI under Vehicle Code section 23152 is a misdemeanor. The court can order 96 hours to six months in county jail, a fine of $390 to $1,000 before penalty assessments, and a six-month license suspension. Priors count on a 10-year lookback, so a second conviction within 10 years under section 23540 carries 90 days to one year in jail, and a third under section 23546 carries 120 days to one year. A fourth DUI within 10 years, or a DUI causing injury, can be charged as a felony under section 23550 and punished by 16 months, two years, or three years in state prison. Aggravators such as a blood alcohol level of 0.15 or higher, a passenger under 14, or refusing the chemical test add jail time and stricter license terms. These are the criminal penalties set by the court. The DMV runs a separate administrative license suspension that can apply even without a conviction.
Common questions
What is the penalty for a first DUI in California?
A first DUI is a misdemeanor. Vehicle Code section 23536 allows 96 hours to six months in county jail, a $390 to $1,000 fine before assessments, a six-month license suspension, and a DUI program.
When is a DUI a felony in California?
A fourth DUI within 10 years is a felony under section 23550. A DUI causing injury, or a case with a prior felony DUI conviction, can also be charged as a felony.
How long does a DUI stay on your record in California?
A DUI counts as a prior for 10 years for sentencing purposes, the lookback period. On your driving record and criminal history it remains far longer.
Is the DMV suspension the same as the court penalty in California?
No. The DMV runs a separate administrative suspension from the criminal case. Request a DMV hearing within 10 days of arrest to contest it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.