Being arrested for driving under the influence is an incredibly frightening and overwhelming experience. Besides the legal penalties, it can also lead to significant financial and personal consequences as well. Understanding the DUI laws in California – as well as the potential penalties and what to do after being arrested – is essential for anyone facing this situation.
What is a DUI in California?
Driving under the influence in California refers to operating a vehicle while impaired by alcohol or drugs.1
Per se DUI laws
According to California law, it is illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. This is known as a “per se” DUI. Which means that even if you don’t feel or act impaired, you can still be convicted of a DUI, solely because of the amount of alcohol in your system.
Impairment-based DUI laws
In addition to the DUI per se laws, you can also be charged with a DUI if you’re visibly impaired, regardless of your BAC. This means if you are unable to drive safely due to drugs or alcohol, you could face a DUI charge. This is true even if your BAC is below the legal limit.
Penalties for a DUI in California
Anyone facing DUI charges should understand the potential penalties they face so they know what to expect. Below is an overview of the possible penalties.
| Offense | Penalties |
|---|---|
| First DUI | • Jail time: Up to 6 months • Fines: $390 – $1,000 • DUI school: 3 – 9 months • Ignition Interlock Device (IID): Required to install for 6 months to maintain restricted driving privileges, or license will be suspended |
| Second DUI | • Jail time: 96 hours – 1 year • Fines: $390 – $1,000 • DUI school: 18 – 30 months • Ignition Interlock Device (IID): Required to install for 1 year, or license will be suspended |
| Third DUI | • Jail time: 120 days – 1 year • Fines: $390 – $1,000 • DUI school: 30 months • Ignition Interlock Device (IID): Required to install IID or license will be suspended |
| Felony DUI | • Jail time: 16 months, 2 years, or 3 years • Fines: up to $5,000 • DUI school: 18 – 30 months • Ignition Interlock Device (IID): Required to install IID or license will be suspended |
| Misdemeanor DUI with injury | • Jail time: 5 days – 1 year • Fines: $390 – $5,000 • DUI school: 3 – 30 months • Ignition Interlock Device (IID): Required to install IID or license will be suspended • Must pay restitution to injured individuals |
| Felony DUI with injury | • Jail time: 6 months to 6 years in state prison, with additional time of 1 to 6 years for each injured person, depending on severity • Fines: Up to $10,000 • DUI school: 18 – 30 months • Ignition Interlock Device (IID): Required to install IID or license will be suspended • Must pay restitution to injured individuals |
Penalties for first DUI
A first DUI offense can lead to several serious penalties. You might face the following:
- Up to 6 months in jail
- Fines between $390 and $1,000
- DUI school for 3 to 9 months
- Required to install an ignition interlock device (IID) for 6 months to maintain restricted driving privileges or your license will be suspended2
Penalties for second DUI
For a second DUI, the penalties increase significantly:
- Jail time ranges from 96 hours to 1 year,
- Fines between $390 and $1,000
- DUI school between 18 and 30 months
- Required to install IID for 1 year, otherwise your license will be suspended3
Penalties for third DUI
A third DUI conviction intensifies the legal consequences. You may be sentenced to:
- Jail time of 120 days to 1 year
- Fines range from $390 to $1,000
- DUI school for 30 months
- Required to install IID or your license will be suspended
Penalties for felony DUI
Usually associated with a fourth DUI offense within a ten-year period, a felony DUI carries severe penalties:
- Jail time of 16 months, 2 years, or 3 years
- Fines up to $5,000
- DUI school from 18 to 30 months
- Required to install IID or your license will be suspended
DUI with injury
If you’re involved in a DUI accident that causes an injury to someone else, you can receive significant penalties. The specific consequences you face depend on a number of circumstances, such as the severity of the injury and your criminal history. This offense is known as a “wobbler” – meaning it can be charged as a misdemeanor or a felony, depending on the circumstances.
Misdemeanor DUI with Injury
For a misdemeanor, the penalties include:
- Jail time between 5 days and 1 year
- Fines between $390 to $5,000
- DUI school for 3 to 30 months.
- Required to install IID or your license will be suspended
- Defendant must pay restitution to any injured individuals involved in the incident
Felony DUI with Injury
For a felony DUI, the defendant faces:
- 6 months to 6 years in state prison, with additional time of 1 to 6 years for each injured person, depending on the severity
- Up to $10,000
- DUI school for 18 to 30 months
- Required to install IID or your license will be suspended
- Defendant must pay restitution to any injured individuals involved in the incident
In some cases, this charge may also count as a “strike” under California’s Three Strikes Law, which significantly increases the prison sentences for individuals who have received previous felony convictions.4
The exact penalties you will face depend on a number of factors, including your criminal history and the specifics of the DUI case, like whether other aggravating factors were present. To better understand what you could be sentenced to, it’s always a good idea to reach out to a criminal defense lawyer specializing in DUIs.
4 steps to take after being arrested for driving under the influence
As you can see, facing DUI charges in California is a difficult experience.
And if you’ve never been arrested or charged with one before, it’s understandable that you may not know what to expect and what to do. Take the following steps to give yourself the best chance at protecting your rights and your freedom.
1. Hire a qualified attorney
One of the first and most important things you can do after being arrested for driving under the influence? Reach out to an experienced DUI defense attorney.
Do this as soon as possible, and make sure you don’t speak with law enforcement about the offense unless you have legal counsel present. Anything you say can be used against you in court, so you want to make sure you don’t provide them with any ammunition to convict you.
2. Stay on top of court dates and legal requirements
Make sure you stay on top of court dates and all legal requirements. Missing court dates can lead to even more legal consequences than you’re already facing.
Make sure you work with your attorney and stay in constant contact with them so you can build the post possible defense for your case.
3. Proactively monitor your sobriety
Take charge of your sobriety. Regular monitoring and abstinence can be beneficial not only for your health but also for your court case.
It’s easier than ever to stay accountable for your sobriety, thanks to technology. You can use a portable breathalyzer that connects to an app on your smartphone. This setup allows you to check your blood alcohol content right from the device, and prove that you have remained sober for an extended period of time. You can then share your results with anyone – whether that’s a friend, family member, or your attorney.
Some devices, like BACtrack View, even offer video features, which add an extra layer of transparency. It’s a straightforward way to stay on track and let others know you’re doing well. Monitoring this way can provide peace of mind both for you and those supporting you on your journey.
Curious to see how BACtrack View works? Try it free for 14 days.
4. Attend court-ordered or voluntary DUI classes
If you’re convicted of driving under the influence, you will be required to attend court-ordered DUI classes. This may include educational lessons as well as drug and alcohol treatment. It’s essential to make sure you attend these classes or you will find yourself in further legal trouble.
If you haven’t yet been convicted, you can engage in treatment on your own before your case is handled. This shows the prosecutor and the judge that you are taking your charges and your issues seriously, which can lead to reduced charges and/or sentences.
Dealing with a criminal offense as serious as driving under the influence can be an incredibly tough situation. It can severely impact many aspects of your life. So, it’s critical to understand the law, possible defenses, and steps to take to protect your future and your freedom.
Sources
- https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=11.&title=&part=&chapter=12.&article=2.#:~:text=(a)%20It%20is%20unlawful%20for,blood%20to%20drive%20a%20vehicle. ↩︎
- https://www.dmv.ca.gov/portal/uploads/2020/06/1st_Offender_Alcohol_Non-Injury.pdf ↩︎
- https://www.dmv.ca.gov/portal/uploads/2020/06/Repeat_Offender_Alcohol.pdf ↩︎
- https://lao.ca.gov/analysis_1995/3strikes.html#:~:text=California’s%20Three%20Strikes%20Law,other%20than%20a%20prison%20sentence. ↩︎
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