Is there jail time for a first offense DUI in California?

In California, there is usually not any jail time for a first offense of driving under the influence (DUI). However, certain aggravating factors can increase the penalties of a DUI conviction and can lead to a jail sentence. First-time offenders can also face jail time if they violate a term of their DUI probation. Some counties also require jail time.

What are the first-offense DUI penalties in California?

In California, defendants who have not been convicted for a DUI offense in the last 10 years face the following criminal penalties if they are charged with DUI:

• 3 to 5 years of misdemeanor probation,
• 3 to 9 months of DUI school,
• jail time, if the offense happened in certain California counties,
• fines and penalty assessments of between $1,500 and $2,000, depending on the county,
• 6 months of having an ignition interlock device (IID) in the vehicle,
• a 6-month driver’s license suspension period by the California Department of Motor Vehicles (DMV), with the possibility of a restricted license or an IID-restricted license, as determined at the DMV hearing,
• attendance at a victim impact panel,
• work release, in some counties, and
• collateral consequences of the conviction, including a likely increase in car insurance premiums, international travel restrictions, and other limitations on driving privileges.

These are the penalties for a basic DUI charge. If there were any aggravating factors, those penalties can go up.

Defendants are treated as first offenders if they do not have prior convictions for any of the following offenses in the last 10 years before the DUI arrest:

• driving under the influence of alcohol (VC 23152),
• driving under the influence of drugs (VC 23152(f)),
• driving under the influence of both drugs and alcohol (VC 23152(g)),
• DUI in a commercial vehicle (VC 23152(d)),
• DUI in a ridesharing vehicle (VC 23152(e)),
• DUI causing an injury (VC 23153), or
• wet reckless convictions.¹

This period of time is California’s “lookback” period. DUI offenders who are charged with a second offense for one of these violations will still be considered first-time offenders if the prior DUI is at least 10 years old. This is the case, even though it is technically their second DUI.

When can a first-time DUI conviction lead to jail time?

First-time DUI convictions can carry jail time if:

• the defendant was sentenced to probation, and then violated a term of that supervised release,
• the offense happened in certain California counties that allow for jail time after a first offense, or
• there were aggravating factors present in the crash.

If there were no aggravating factors present, first-time offenders are often sentenced to probation. Probation is a type of supervised release. It allows defendants to stay out of jail, but also lets law enforcement monitor them. Probation sentences carry strict rules that the defendant has to comply with, though, including the following mandatory conditions of DUI probation:

• no driving with any measureable blood alcohol content or blood alcohol concentration (BAC),
• no refusing a chemical test, breath test, breathalyzer, blood test, or urine test, if pulled over for a suspected subsequent DUI offense,
• required installation of an ignition interlock device in the DUI driver’s car for 6 months, and
• no committing another crime.²

The court can also impose the following optional conditions of probation:

• regular attendance at meetings for Alcoholics Anonymous (AA) or Narcotics Anonymous (NA),
• participation in the Mothers Against Drunk Driving (MADD) Victim Impact Program,
• community service, and/or
• paying restitution to the victim, if there was an injury.

Breaking any of these rules of probation can send the DUI case back to court for the violation. Severe probation violations can lead to the judge revoking probation. The defendant would then have to serve their sentence in jail. Having a DUI defense attorney at the revocation hearing is essential for defendants who want to stay out of jail.

Certain California counties are also more likely to impose jail time for first-offense DUIs. Some of the harsher counties for DUI jail time include:

• Ventura County, and
• Riverside County.

If convicted for a first DUI offense and sentenced to jail, a DUI lawyer can ensure that defendants get credit for the time they have already served, often immediately after the arrest.

What are aggravating factors under California DUI law?

Aggravating factors are a frequent source of jail time for first-time DUI offenses in California. Some of the most common aggravating factors include:

• causing a car accident,
• causing an injury to someone else,³
• having a BAC at or above 0.15%, or nearly twice the legal limit,⁴
• refusing to submit to a chemical BAC test,⁵
• speeding more than 30 miles per hour over the limit on highways, or more than 20 miles per hour over the limit on a street,⁶
• child endangerment for driving under the influence with a child under the age of 14 in the vehicle,⁷ and
• being under the age of 21.⁸

The presence of any of these factors in a DUI case can lead to jail time, even for first-time offenders.

Charges for DUI causing an injury can be pursued as either a misdemeanor or as a felony. Because it is a “wobbler” offense, prosecutors can choose how to file the charges based on the circumstances of the accident.

First-time DUI defendants are usually prosecuted for a misdemeanor DUI. These charges carry:

• 3 to 5 years of probation,
• 5 days to 1 year in county jail,
• $390 to $5,000 in fines,
• a mandatory alcohol treatment program,
• restitution payments to the injured parties, and
• driver’s license restrictions of between 1 and 3 years.

If charged as a felony, the jail sentence can be longer.

What are the penalties for a felony DUI?

The penalties for a felony DUI are severe, and can come with a lengthy prison sentence. The specific offense being charged will make a big difference in the potential for jail time.

If the charge is a felony offense of a DUI causing injury, the potential jail time is:

• 2, 3, or 4 years in state prison,
• an additional 3- to 6-year prison sentence if a victim suffers a great bodily injury,⁹ and
• another additional one-year sentence – up to 3 years maximum – for each additional person that suffers any injury.¹⁰

These prison sentences have to be served consecutively.

If it is a felony charge for vehicular manslaughter, a conviction can come with up to 4 years in prison.¹¹ If the charge is for gross vehicular manslaughter, a conviction will carry potential prison terms of 4, 6, or 10 years.¹²

The most serious offense is for DUI second-degree murder. These convictions carry between 15 years and life in prison.

These offenses also carry the significant collateral consequences of having a DUI or DWI on your criminal record. Defendants facing these charges should strongly consider establishing an attorney-client relationship with a defense lawyer from a local law firm and getting their legal advice for how to proceed.

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