Base penalties for driving under the influence in California start when a driver exceeds blood alcohol content of 0.08%. A DUI charge in California can result in jail time, significant fines and license suspension if you receive a conviction.
Before facing a DUI court date, learn more about the possible legal penalties in California.
No DUI history
You will receive a misdemeanor charge if you never had a DUI before. Conviction carries:
- 30 to 60 hours of mandatory substance use disorder education
- 48 hours in jail or probation
- $390 fine plus thousands of dollars in court fees
- License suspension for six months
One DUI in the past 10 years
If you receive a second DUI within 10 years of the initial conviction, you could receive:
- 18 months of mandatory substance use disorder education
- 96 hours in jail or three years probation
- $390 fine plus thousands of dollars in court fees
- License suspension for two years and a mandatory ignition interlock device upon reinstatement
Two or more DUIs in the past 10 years
If you already had two DUI convictions in the past decade, you could receive:
- 30 months of mandatory substance use disorder education
- 120 hours in jail or three years probation
- $390 fine plus thousands of dollars in court fees
- License suspension for three years and a mandatory ignition interlock device upon reinstatement
In addition, California charges drunk drivers with felony prison time for accidents that injury or kill another person. The offender will receive a sentence of at least one year and fines of up to $5,000.
Some drivers are subject to stricter BAC level requirements. For example, a commercial driver can receive a DUI for BAC above 0.04%. For a minor, the legal limit is 0.01%. People can receive an aggravated DUI charge for BAC over 0.16%.
California has implied consent laws. You receive additional penalties on top of a DUI if you refuse to take a blood or breath test at the time of arrest.