DUI in California: What Can Happen
This page is designed to answer questions about your DUI in California. Like most people, you probably have lots of questions. If you don't see the answer to your questions, please feel free to call (714) 721-4423.
FIRST OFFENSE
Frequently asked questions:
- Will I get probation?
- Can you get your first DUI reduced or dismissed?
- What usually happens?
- What is the penalty for a first conviction?
- Is there jail time?
- Can a 1st DUI Result In a Plea Bargain?
Most first offenses in California are misdemeanors under VC 23152.
However, if you have a previous felony DUI case then VC 23550.5 makes your DUI a felony, or if you caused an injury to someone else then your first could be a felony under VC 23153.
What Happens if Convicted of Your First DUI?
- Jail time: Court may impose a minimum of 48 hours to a maximum of 6 months
- Fine: $390 to $1000, plus penalty assessments
- License Suspension: DMV suspends license for 6 or 10 months (This DMV suspension is separate from the DMV Admin Per Se Hearing suspension)
- DUI Program: 3, 6, or 9 months.
- Ignition interlock device: Up to 6 months.
SECOND OFFENSE
Most second offenses in California are misdemeanors under VC 23152.
However, if you have a previous felony DUI conviction then VC 23550.5 makes your 2nd a felony, or if you caused injury to someone else then your second could be a felony under VC 23153.
Frequently asked questions:
- Will I get probation?
- Can you get your second DUI reduced or dismissed?
- What usually happens on your second DUI?
- What are the penalties?
- Is there jail time?
What Happens if Convicted of Your Second DUI?
- Jail time: 10 days to 1 year or 96 hours to 1 year
- Fine: $390 to $1000, plus penalty assessments
- License Suspension: DMV suspends license for 2 years (This DMV suspension is separate from the DMV Admin Per Se Hearing suspension)
- DUI program:18-month or 30 months
- Ignition interlock device: 1 year.
THIRD OFFENSE
Most 3rd offense DUI cases in California are misdemeanors under VC 23152.
However, if you have a previous felony DUI conviction then VC 23550.5 makes your 3rd a felony, or if you caused injury to someone else then your third could be a felony under VC 23153.
Frequently asked questions:
- Will I get probation?
- Can you get your third DUI reduced or dismissed?
- What usually happens?
- What are the penalties?
- How much jail time?
What Happens if Convicted of Your 3rd DUI?
- Jail time: 120 days to 1 year
- Fine: $390 to $1000, plus penalty assessments
- DUI Program 18-month DUI program if you have not previously successfully completed a program
- License revocation: 3 years
- Habitual traffic offender for 3 years
- Ignition interlock device: 2 years
If you are granted probation for your 1st, 2nd, or 3rd DUI:
The conditions must include the following:
3-5 years probation.
A requirement you do not:
- drive with any measurable amount of alcohol in your blood;
- refuse a chemical test to determine your BAC on arrest; and
- commit a criminal offense, and
- drive without a valid license or insurance.
Under 21 DUI – Underage DUI
What Happens If You Get A DUI Under 21?
Are you facing charges for driving under the influence as a minor? California courts take DUI under 21 seriously.
Frequently asked questions about Under 21 DUI?
- Is Vehicle Code Section 23140 a misdemeanor or an infraction?
- Can I still be charged with an adult DUI if I am under 21?
- What happens if I was under 21 when I was pulled over but over 21 when I go to court?
Driving While Under the Influence of Alcohol—DUI Under 21 Consequences
What is Vehicle Code 23140?
Driving With 0.05 Percent Blood-Alcohol Concentration | Violation of Vehicle Code Section 23140.
It is unlawful for a person under 21 years of age who has 0.05 percent or more, by weight, of alcohol in their blood to drive a vehicle.
You can be guilty of VC 23140a if you were under 21 years of age and under the influence of, or affected by, an alcoholic beverage, regardless of whether a chemical test was made to determine your blood-alcohol concentration, and if the judge finds that you had consumed an alcoholic beverage and were driving a vehicle while having a blood-alcohol concentration (BAC) of 0.05 percent or more. VC 23140b.
Penalties for VC 23140 first offense
- VC 23140 is an infraction.
- Mandatory fine of $100 plus penalty assessments for a first offense
- 18-21 years old must attend a licensed DUI Program
- DMV suspends driving privileges until the DUI program is successfully completed
- 1-year license suspension by the court, or delay of driving privileges if 13-21 years old. VC 13202.5. You may apply for a critical need restriction. VC 13202.5(c)
- This will be used as a prior DUI suspension for the DMV but not in court if you get another DUI in the next 10 years.
What is Vehicle Code 23136?
Driving With 0.01 Percent Blood-Alcohol Concentration. “The Zero Tolerance Law.”
It is unlawful for a person under 21 years of age to drive with a blood-alcohol concentration of 0.01 percent or more, as measured by a preliminary alcohol screening (PAS) test or other chemical test. VC 23136(a).
A violation may be found if you consumed an alcoholic beverage and were driving with a BAC of 0.01 percent or more. VC 23136(b).
The PAS testing shall be incidental to a lawful detention (VC 23136(c)(2)). This means that even if your breathalyzer reading was higher than .01 percent, you may not have violated the zero-tolerance law if you were unlawfully detained.
Read about how 17-year-old Erik Taylor was driving two friends home from a school dance in his Toyota pickup truck. After being pulled over by the police, Erik blew into the preliminary alcohol screening (PAS) test which showed his blood alcohol concentration was greater than .01%. The DMV suspended Erik's license for 1 year for an underage DUI. However, the Court of Appeal ruled Erik was not lawfully detained and ordered that his license be returned.
Penalties for VC 23136 First Offense:
- VC 23136 is an infraction.
- A mandatory fine of $100 plus penalty assessments
- A conviction in court does not cause a suspension.
- DMV Admin Per Se Hearing – 1-year suspension – After 30 days, “Critical Need” restricted license eligibility.
How a DUI Lawyer Can Help
The prosecutor reviews your case for the following aggravating factors, which can make your case an aggravated DUI:
- A blood alcohol level of .15% or .20% or more, the judge considers as a special fact in determining your punishment. (VC 23578, VC 23538(b)(2)).
- A minor passenger age 14 or younger in your vehicle, 48 hours in county jail unless you are also convicted of Penal Code Section 273a. (VC 23572).
- Refused to take a blood or breath test after you were legally arrested. (VC 23577) Or, if you were under 21 or on DUI probation if you refused to take the preliminary alcohol screening test.
- Under 21, the court must suspend your license for an additional 1 year.
- Drove 30 mph over the speed limit on the freeway (20 mph for other roads) and in a manner prohibited by Vehicle Code 23103 the judge must sentence you to additional 60 days in county jail.
Richard Wagner will fight on your behalf for alternatives to jail such as house arrest, electronic confinement, work release, and rehab treatment.
Other DUI Penalties and Punishments
Disallowance of restricted license. Do not let this happen to you. Attorney Richard Wagner will get you a restricted license at the earliest possible time.
Surrender of license. If your license is suspended or revoked by the DMV, you must surrender your license to the court.
Vehicle impound. The court may order that a vehicle used be impounded at your expense for 1 to 90 days.
Restitution. The court must give you a restitution fine of $150 to $1000 and (2) order restitution to any victim for any economic losses.
Penalty assessments, fees, and state surcharges. These significantly increase the fine.
Severe Consequences for Commercial License Holders
First Offense: 1-year suspension of your commercial driving privilege. (VC 15300).
Second Offense: a Lifetime revocation of your commercial driving privilege. (VC 15302). There is no look-back period for the lifetime revocation ban. This means that if you had a prior DUI over 10 years ago, you are subject to a lifetime ban.
Get information about your DUI from a free consultation with Richard Wagner, Attorney at Law, with decades of experience and excellent reviews – call (714) 721-4423.
