California DUI & Distracted Driving Laws

California DUI laws

Driving under the influence in California is considered a misdemeanor. In addition, if you are convicted of a fourth or subsequent offense you will be designated as a habitual offender for three years.

First offense

If you are convicted of a DUI and your sentence does not include probation, you may face the following fines and penalties:

• A $390 to $1,000 fine plus penalty assessments.
• Jail from 96 hours to six months.
• License suspension for six to 10 months.
• The court may require you to install an ignition interlock for a period of no more than three years from the date of conviction.

If you are convicted of a DUI and your sentence includes three to five years of probation, you could face:

• A $390 to $1,000 fine plus penalty assessments.
• The probation revocation fine ($100 to $1,000) will be suspended.
• License suspension for six to 10 months.
• Mandatory completion of an alcohol/drug program for three to nine months.
• The court may order you to install an ignition interlock for a period of no more than three years from the date of conviction.

Second offense

If you are convicted of a second DUI in California within 10 years of a prior DUI conviction and your sentence does not include probation, you may face:

• A $390 to $1,000 fine plus penalty assessments.
• Jail from 90 days to 12 months.
• License suspension for 24 months.
• The court may order you to install an ignition interlock for a period of no more than three years from the date of conviction.

If you are convicted of a DUI within 10 years of a prior DUI conviction and your sentence includes three to five years of probation, you may face:

• A $390 to $1,000 fine plus penalty assessments.
• The probation revocation fine ($100 to $1,000) will be suspended.
• Jail for either 96 hours (in minimum 48-hour blocks) or 10 days to 12 months.
• License suspension for 24 months.
• Mandatory completion of alcohol/drug program from 18 to 30 months.
• The court may require you to install an ignition interlock for a period of no more than three years from the date of conviction.

Third offense within 10 years

If you are convicted of a third DUI within 10 years of a prior DUI conviction and your sentence does not include probation, you may face:

• A $390 to $1,000 fine plus penalty assessments.
• Jail for 120 days to 12 months.
• License revocation for 36 months.
• The court may order you to install an ignition interlock for no more than three years from the date of conviction.

If you are convicted of a third DUI within 10 years of a prior DUI conviction and your sentence includes three to five years of probation, you may face:

• A $390 to $1,000 fine plus penalty assessments.
• Probation revocation fine ($100 to $1,000) will be suspended.
• Jail for 120 days to 12 months.
• License revocation for 36 months.
• Mandatory completion of a drug/alcohol program for 18 to 30 months.
• The court may order you to install an ignition interlock for no more than three years from the date of conviction.

Fourth offense

If you are convicted of a fourth DUI within 10 years of a prior DUI conviction and your sentence does not include probation, you may face:

• A $390 to $1,000 fine plus penalty assessments.
• Prison for 16, 24 or 36 months or jail for six to 12 months.
• License revocation for 48 months.
• The court may order you to install an ignition interlock for no more than three years from the date of conviction.

If you are convicted of a fourth DUI within 10 years of a prior DUI conviction and your sentence includes three to five years of probation, you may get:

• A $390 to $1,000 fine plus penalty assessments.
• Probation revocation fine ($100 to $1,000) will be suspended.
• Jail for six to 12 months.
• License revocation for 48 months.
• Optional alcohol/drug program for a minimum of 18 or 30 months with a jail term of 30 days to 12 months.
• The court may require you to install an ignition interlock for a period of no more than three years from the date of conviction.

Refusal to take a chemical test in California

By California law, you are required to submit to a chemical test (breath, blood or urine) to determine your level of alcohol and/or drugs. If you refuse to take a chemical test:

• First offense is a one-year license suspension.
• Second offense within 10 years is a two-year license revocation.
• A third or subsequent offense within 10 years is a three-year license revocation.
• For any offense, the court can require you to install an ignition interlock for a period not longer than three years from the date of conviction.

DUI penalty source: State of California Department of Motor Vehicles, the Superior Court of California, County of Alameda and the National Conference of State Legislatures

Distracted driving laws in California

Posted Feb. 13, 2019