DUI Criminal & DMV Penalties

Oceanside DUI Lawyer

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If you have a DUI or need to be re-referred to an alcohol program to clear your DMV record, contact me HERE or give me a call: 760-730-0500. I offer a FREE no obligation consultation and look forward to helping you with your legal matter.
Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152)*

OFFENSE MINIMUM
AND MAXIMUM SENTENCES WHEN PROBATION IS
GRANTED		 MINIMUM AND
MAXIMUM SENTENCES WITHOUT PROBATION		 WITH OR
WITHOUT PROBATION
FIRST OFFENSEwithin 10 years Attendance at an alcohol/drug
program, a fine of $390 to $1,000, plus
substantial, mandatory penalty
assessments (totaling up to an
additional 180% apx.), plus either (A)
48 hours to 6 months jail and 6 months
license suspension; or (B) a license
restriction to and from work, during
work and to and from DUI program
following any DMV suspension (if no
refusal).		 96 hours to 6 months in jail, $390 to
$1,000 fine, and a 6-month license
suspension.		 May impound vehicle for 6 months.Up to 3 years ignition interlock
device (IID), and Additional Jail if
Child Passenger, if 30 mph over speed
limit on freeway or if 20 mph over speed
limit on other roads, if Refusal of
chemical test, or if .15% BAC or more.
SECOND OFFENSEwithin 10 years Attendance at 18-30 month
alcohol/drug program, a fine of $390 to
$1,000 plus substantial, mandatory
penalty assessments, 96 hours to 1 year
in jail, installation of ignition
interlock (IID) device for up to 3
years, and 2 year license suspension,
with a possible license restriction to
and from work, during work and to and
from DUI program after 1 year of
suspension and completion of DUI
program.  However, your license shall be
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 OFFENSEwithin 10 years 120 days to 1 year in jail, $390 to
$1,000 fine plus substantial, mandatory
penalty assessments, a 3-year license
revocation, and an 18-month alcohol/drug
program if you have not completed one
before.		 120 days to 1 year in jail, $390 to
$1,000 fine, and a 3-year license
revocation.
FOURTH OR SUBSEQUENT OFFENSEwithin 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-month alcohol/drug
program if you have 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.

*Sentencing Aggravants: Accident, High Blood Alcohol Level, Excessive Speed, Children, Recent Prior Conviction or Strike

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

DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (California Vehicle Code Section 23155)

First offense 08 or greater
Refusal		 4-month
suspension1 year suspension 
Second offenseWithin 10 years .08 or greater
Refusal		 1 year
suspension2 year revocation
Third offenseWithin 10 years 

 

 .08 or
greaterRefusal		 3 year
suspension3 year revocation
Fourth offenseWithin 10 years  .08 or greater
Refusal		 4 year
suspension4 year revocation 

 

Driving on a Suspended License Mandatory Jail Penalty
If you drive when your privilege is suspended or revoked for driving under the influence of alcohol, upon a first conviction, you face imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than $300 nor more than $1,000. [California Vehicle Code section 14601.2(a)]