Punishment, Penalties, and Sentences for California Misdemeanor DUI

California DUIs are “priorable” offenses. This means that the punishment increases with each successive drunk driving conviction that takes place within a ten-year period. This ten-year timeframe period also includes (1) California “wet reckless” convictions, and (2) out-of-state convictions that, if committed in California, would constitute a DUI.

California DUI penalties can be severe, depending on whether you’re facing your first, second, third, or subsequent driving under the influence conviction. Most drunk driving cases are prosecuted as misdemeanors, although certain offenses will rise to the level of California felony DUI.

Although there are a few charges that are commonly reduced from California DUIs during DUI plea bargaining (for example, a “wet” reckless, dry reckless, or exhibition of speed), this article specifically details punishments and penalties that are for actual driving under the influence convictions.

If after reading this article you have more questions or would like to discuss your case with a DUI defense attorney, we invite you to contact us.

Punishment and Sentencing for a Misdemeanor California DUI — First Offense

When convicted of driving under the influence for the first time, the potential penalties are as follows:

Informal (otherwise known as “summary”) probation for five years

Up to six months in a county jail

Between $2,000-$3,000 in fines

A three- or nine-month court-approved alcohol and/or drug education program (AB541 class),

A six- to ten-month driver’s license suspension that generally may be converted to a “restricted license”. A restricted license enables you to drive during the course of your employment, and to and from work, school, and/or California DUI school.

Please note that once you are arrested for any California DUI, you only have ten days to request a DMV hearing from the California Department of Motor Vehicles. This request postpones your license suspension until the resolution of the hearing and may even result in your license suspension being set aside.

If you hire a California DUI attorney within that ten-day period, he/she can request the hearing for you…and represent you at the hearing.

Penalties and Punishment for a Misdemeanor California DUI — Second Offense

A second driving under the influence conviction within ten years will trigger the following sentence:

Three to five years of summary probation

A minimum of 96 hours to a maximum of one year in a county jail

Between $2,000–$3,000 in fines

Completion of an 18-month or 30-month court-approved California DUI school

A two-year driver’s license suspension that, after twelve months, may be converted to a restricted license

Penalties and Sentencing for a Misdemeanor California DUI — Third Offense

If you are convicted of drunk driving for a third time within ten years, you face the following California DUI punishment:

Between three to five years of informal probation

A minimum of 120 days to a maximum of one-year in a county jail

Between $2,000-$3,000 in fines

Completion of a 30-month court-approved DUI education program

A three year California driver’s license revocation which, after 18 months, may be converted to a restricted license

Designation as an “habitual traffic offender” (HTO) by the DMV

Installation of an Ignition Interlock Device (IID). An IID is a mini breathalyzer instrument that attaches to your car that does not allow your car to start unless you provide an alcohol-free breath sample.

Additional “Conditions of Probation” for California DUI

In addition to the above stated penalties, when California courts impose a DUI sentence that includes probation, the following conditions are always included:

You shall not drive with any measurable amount of alcohol in your blood.

You shall not refuse to submit to a chemical test of your blood, breath, or, in rare cases urine, if arrested for a subsequent DUI.

You shall not commit any additional crimes.

Depending on the circumstances, the following conditions of probation may be imposed:

Attendance in Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings

Participation in the Mothers Against Drunk Driving (MADD) Victim Impact Program

Restitution (in the event that you caused an accident while driving under the influence)

Installation of an Ignition Interlock Device (IID) on any car you own or operate for a maximum four-year period. If you are convicted of your DUI in Los Angeles, Alameda, Tulare or Sacramento County, IID installation is mandatory. However, in all other counties, installation is at the judge’s discretion

Aggravating Factors that may Increase Your California DUI Sentence

There are facts and circumstances that, if present at the time you are arrested for driving under the influence, will increase your county jail or state prison sentence. These aggravating facts will increase your DUI penalties, regardless of whether you’ve been convicted of a first, second, third, or subsequent DUI.

The most common of these include:

Having a blood alcohol content (BAC) of 0.15% or higher

Refusing to submit to a chemical test

Causing an accident

Driving at excessive speeds

Having children under the age of 14 in the car (also known as Penal Code 273a child endangerment)

Being under 21 at the time of your DUI offense

What type of enhanced penalty you receive for any of these aggravating factors will depend on (1) the exact circumstances of your California DUI arrest, and (2) your criminal history (with emphasis on your prior DUI history).

Are There Alternative Sentencing Options for a California DUI?

“Alternative” sentencing options are alternatives to a county jail or California State Prison sentence. When imposed in connection with a California DUI, these sentencing alternatives may include:

Cal-Trans roadside work

Community service

Electronic monitoring or house arrest (SCRAM)

Residence in a sober-living environment

Incarceration in a private or city jail

Lawyers who don’t specialize in California DUI defense may not even know that these sentencing alternatives exist…and if they do, they may not know the most effective ways to convince the prosecutor and/or judge to agree to them. This is just one reason why it is so important to hire specifically a DUI defense lawyer to defend your California drunk driving case.

Hiring an experienced DUI attorney to represent you in court and at your DMV hearing is invaluable to helping you avoid the harsh penalties that can flow from a California DUI conviction.