DUI Penalties
San Diego, California DUI and DMV Penalties, Possible Outcome
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 OFFENSE within 10 years | Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 280% 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 OFFENSE within 10 years | Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, totalling just under $3,000, 96 hours/10 to 90 days, up to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension if ineligible for an Early IID Reinstatement. | 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 OFFENSE within 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 OFFENSE within 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. |
DMV Penalties for Driving Under the Influence of alcohol and/or drugs
| OFFENSE | BOH/REFUSAL | SENTENCE |
|---|---|---|
| FIRST OFFENSE | .08 or greater | 4-6 month suspension(s) |
| ” “ | Refusal | 1 year suspension |
| SECOND OFFENSE within 10 years | .08 or greater | 1 – 2 year suspension(s) |
| ” “ | Refusal | 2 year revocation |
| THIRD OFFENSE within 10 years | .08 or greater | 3 year revocation |
| ” “ | Refusal | 3 year revocation |
| FOURTH OFFENSE within 10 years | .08 or greater | 4 year revocation |
| ” “ | Refusal | 4 year revocation |
DMV Suspension if .01% while on Probation
DMV shall immediately suspend the privilege of a person to operate a motor vehicle:
…if the person was on probation for Vehicle Code Section 23152 or 23153, and the person blows .01% or more, as measured by a preliminary alcohol screening test or other chemical test.
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)]
If you get another DUI and someone dies, you could be charged with murder:
“Being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle, and it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, I can be charged with murder (California Vehicle Code Section 23593).”
[Paragraph 1, Yellow San Diego County DUI Addendum page 2 of 4]