DUI Penalties in California- C. Robert Brooks

Sentences for Driving Under the Influence
Vehicle Code Sections 23152 (a) (b)

Offense	Minimum and Maximum Sentences when Probation is granted (3 to 5 years probation term)	Minimum and Maximum Sentences without Probation
First Offense within 7 years	Two options, both requiring attendance at an alcohol/drug program, a fine of $390 to $1,000,* plus either: (A) 48 hours to six months in jail; or (B) A 90-day license restriction allowing driving for work and alcohol/drug program only. Under option (A) the Court may also suspend your license for 6 months. Under either option , the Court will suspend your license for 6 months if the offense occurred in a vehicle which requires a class A or B license.	90 days to 1 year in jail, $390 to $1,000 fine, and an 18-month license suspension
Third Offense within 7 years	120 days to 1year in jail, $390 to $1,000 fine, 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 Offense within 7 years	120 days to 1year in jail, $390 to $1,000 fine, 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.

* Fines are base amounts only. All dollar fines receive a penalty assessment of 170 percent added to them. That means a fine of $390 becomes an actual payment to the Court of $1053.

DMV Penalties for DUI Convictions**

Offense	BOH/Refusal	Sentence
First Offense	.08 or greater	4-month Suspension
First Offense	Refusal	1 year suspension
Second Offense within 7 years	.08 or greater	1 year suspension
Second Offense within 7 years	Refusal	2 year revocation
Third Offense within 7 years	.08 or greater	3 year revocation
Third Offense within 7 years	Refusal	3 year revocation
Fourth Offense within 7 years	.08 greater	4 year revocation
Fourth Offense within 7 years	Refusal	4 year revocation

** Remember that the DMV imposes penalties that are separate from what the Court imposes. For example, on a first time DUI, the Court probably won't suspend your license, but the DMV definitely will (if you lose your admin per se hearing).