California DUI Penalties: 1st, 2nd, 3rd & 4th Offense
Wondering what happens when you get a DUI in California? DUI charges are serious and can carry heavy penalties in the State of California. It is important to understand how California classifies its DUI offenses as well as the punishments that follow.
1st DUI in California
A first offense DUI with no injuries or property damage is a misdemeanor in California. If you’re convicted of your first DUI in California, you’ll face both criminal and administrative penalties. The criminal penalties for a first offense DUI include a mandatory jail sentence of between 2 days to 6 months and a fine of $1,400 to $1,800. You’ll then have 3 to 5 years of court probation. You won’t have to report to a probation officer, but you can’t drink and drive at all during that time. The conviction will remain on your criminal record for 10 years and influence any subsequent DUI charges you may subsequently face.
Typical penalties for 1st offense DUIs in Santa Clara Co.
- Minimum fine of $1,916 plus penalty assessments for a total up to $3,000
- 3 month Santa Clara County DUI school
- Minimum 48 hours Santa Clara County Jail or 5 days work release
- 3 years of summary probation
2nd DUI in California
A second offense DUI is still a misdemeanor in California, but the criminal and administrative penalties increase if you’re convicted of a second DUI within 10 years of your first. You’ll face a mandatory jail sentence of 96 hours to 1 year and a fine from $1,800 to $2,800. You’ll also have court probation for 3 to 5 years, during which you may not drink any alcohol before driving.
The DMV will revoke your driver’s license for 2 years for a second DUI conviction. You may be eligible for a restricted license after 12 months if you agree to install an ignition interlock device (IID) and obtain California SR-22 insurance. You’ll also have to complete 18 months of DUI classes.
Typical penalties for 2nd offense DUIs in Santa Clara Co.
- 15 to 45 days Santa Clara County Jail or a Weekend Work Program
- 18 month Santa Clara County DUI school
- 3 Years of Probation
- Fines & Penalty Assessments of approximately $3,000
3rd DUI in California
A third offense DUI within 10 years is also still generally treated as a misdemeanor in California, but the penalties for a third DUI conviction increase even further. You’ll face a mandatory jail sentence of 120 days to 1 year and a fine of $1,800 to $2,800. You’ll also have formal probation after a third DUI conviction, wherein you’ll need to report to a probation officer and abide by any probation terms the court sets.
The DMV will revoke your driver’s license for 3 years after your third DUI conviction, but you can apply for a restricted license after 1 year. You’ll also have to install an IID and complete 18 months of DUI classes.
Typical penalties for 3rd offense DUIs in Santa Clara Co.
- At least 120 days in the Santa Clara County Jail; average is 6 months
- Approximately $3,000 in fines and penalty assessments
- 3 years of informal probation
- 30 month Santa Clara County DUI school
- Installation of an Ignition Interlock Device
4th DUI in California
A fourth offense DUI within 10 years is a felony DUI in California, even if there were no injuries involved. A felony DUI conviction results in a sentence of up to 3 years in prison, along with fines ranging from $1,000 to $3,000. The DMV will revoke your driver’s license for at least 5 years for a felony DUI and may revoke it permanently. You’ll have to complete 18 months of DUI classes and install an IID if you’re lucky enough to get your driver’s license back.
Typical penalties for 4th offense DUIs in Santa Clara Co.
- At least 120 days in the Santa Clara County Jail; average is 8 to 12 months
- Approximately $3,000 in fines and penalty assessments
- 3 years of formal felony probation
- 30 month Santa Clara County DUI school
- Installation of an Ignition Interlock Device
Aggravating Factors That Can Affect Your DUI Penalties
There are facts and circumstances that will increase your DUI penalties regardless of how many DUIs you have on your record. The most common aggravating factors include:
- Having a BAC of 0.15% or higher (less in some counties)
- Refusal to submit to a chemical test
- Causing an accident
- Driving at excessive speeds
- Driving with a child under the age of 14 in the car
- Being under 21 at the time of the offense.
The increased penalty you receive for any of these aggravating factors will depend on (1) the exact circumstances of your California DUI arrest, and (2) your criminal history (with emphasis on your prior DUI history).
2019 California DUI Laws
Sections 23152(a) and 23152(b) of the California Vehicle Code specifically address driving under the influence, also known as driving while intoxicated (DWI). DUI and DWI offenders can be convicted of one or both of these misdemeanors. It is important to note that driving not only refers to driving a car, but also a motorcycle, a commercial vehicle like a truck, or even an airplane or a boat.
VC 23152(a) – Driving Under the Influence of Alcohol
California Vehicle Code Section 23152(a), sometimes called the “impairment” or “subjective” DUI, makes it unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. The code defines the phrase “under the influence” to mean “your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.”
There is no blood alcohol limit for this charge. If the officer subjectively feels that you are under the influence (due to your driving, failed field sobriety tests, etc.) you can be arrested under this statute even if you are below a 0.08% blood alcohol level.
VC 23152(b) – Driving with BAC 0.08% or Higher
California Vehicle Code Section 23152(b), sometimes called the “per se” or “objective proof” DUI, makes it unlawful for a person to drive with a blood alcohol concentration (BAC) of 0.08% or higher. This section of the law presumes that you are guilty of DUI if you drive with a BAC of 0.08% or greater. A jury can convict you of this offense even if you aren’t technically “too impaired” to drive safely or “under the influence,” so long as your BAC is above the legal limit.
VC 23103.5 – Wet Reckless Driving
After being arrested for a DUI, the DA’s Office prosecuting your case may sometimes offer a reduction in the charges to California Vehicle Code Section 23103.5. In California, this DUI charge reduction is commonly referred to as a “wet reckless.”
There is no mandatory jail time for pleading to a wet and reckless driving charge, and probation time, DUI school, and fines are generally reduced. There is also no mandatory driver’s license suspension. However, it is important to remember that a wet reckless counts as prior DUI if you are arrested for another DUI within 10 years.
[IMPORTANT] New IID Laws in 2019
As of January 1, 2019, California has expanded the ignition interlock device (IID) program for most DUI offenses. In order to get your driving privileges reinstated after a DUI conviction, California now requires an IID (a device like a breathalyzer that you must blow in to start your car) to get a license and be able to drive.
The length of time that the IID remains installed depends on your DUI history:
- First offense = 6 months
- Second offense = 12 months
- Third offense = 24 months
- Fourth or subsequent offense = 36 months
The good news it that the new IID program may make it easier to get your license back and driving. For drivers who can get an IID installed, this new law means that most first-time DUI offenders will be able to get their driving privileges back quickly, without having to wait for a mandatory suspension period. By driving with an IID on the vehicle, drivers can get to work, school, or anywhere else as long as they have the equipment installed in the vehicle.
The best chance to avoid having to drive with an IID on the vehicle is to avoid a DUI conviction. Before you plead guilty to California DUI charges, talk to one of our experienced DUI defense lawyers about your case.
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The consequences of a Santa Clara County DUI arrest are extremely serious. Don’t delay. Schedule a free DUI consultation by filling out our contact form or calling (408) 920-9720 immediately.
