Penalties

DUI Driving Under the Influence of alcohol and/or drugs Sentences (Vehicle Code 23152, misdemeanor)

OFFENSE MINIMUM & MAXIMUM SENTENCES IF PROBATION IS GRANTED MINIMUM & MAXIMUM SENTENCES WITHOUT PROBATION WITH OR WITHOUT PROBATION
FIRST OFFENSE
within 10 years
Alcohol program, fine of $390 to $1,000, plus huge mandatory penalty assessments (totaling up to nearly 300%), and either (1) 48 hours to 6 months jail and 6 months license suspension; or (2) restricted driving to and from work, during work, and to & from DUI program after any DMV suspension (if no refusal or drugs). 96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension. Impound vehicle for up to 6 months.
1 to 3 years ignition interlock device (IID), additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on non-freeway, if chemical test refusal, or .15% BAC or higher.
SECOND OFFENSE
within 10 years
18 to 30 month alcohol program, fine of $390 to $1,000 plus statutory mandatory penalty assessments totaling up to nearly 300%, 96 hours minimum to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, 2 year license suspension with early reinstatement option if not on DUI probation or refusal, after 90 days or 1 year from suspension. License suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. 90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension.
THIRD OFFENSE
within 10 years
120 days to 1 year in jail, $390 to $1,000 fine plus huge mandatory penalty assessments totaling up to apx. 300%,3-year license revocation, 18 to 30 month alcohol program if not completed before. 120 days to 1 year in jail, $390 to $1,000 fine, and 3-year license revocation.
FOURTH OR SUBSEQUENT OFFENSE
within 10 years
120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18 to 30 month alcohol program if not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation.

DMV Penalties for Driving Under the Influence of alcohol and/or drugs

OFFENSE BAC/REFUSAL SENTENCE
FIRST OFFENSE .08 or greater 4-month suspension
” “ Refusal 1 year suspension
SECOND OFFENSE
within 10 years
.08 or greater 1 year suspension
” “ Refusal 2 year revocation
THIRD OFFENSE
within 10 years
.08 or greater 3 year revocation
” “ Refusal 3 year revocation
FOURTH OFFENSE
within 10 years
.08 or greater 4 year revocation
” “ Refusal 4 year revocation

.01% BAC if on Probation Suspension

DMV shall suspend if, while stopped for another DUI and tested:

  • The person was on probation for Vehicle Code Section 23152 or 23153, and the person has a BAC of .01% or more (as measured by the hand-held breath test gadget or other chemical test).

Mandatory Jail if Driving on a Suspended License/strong>

If stopped and caught driving on suspended license as a result of a DUI or revoked for driving under the influence of alcohol, first conviction, the law states imprisonment in San Diego county jail for not less than 10 days or more than 6 months, fine of not less than $300 nor more than $1,000 plus penalty assessment & IID. [California Vehicle Code 14601.2(a)]

Penalties April 22, 2015

San Diego DUI Attorney

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