California DUI Laws, Penalties & How to Beat The Case (2024 updates)

Drunk driving can have serious, life-changing consequences. Most adults arrested for DUI in California face two charges:

1. Vehicle Code 23152(a) VC – driving under the influence of alcohol and
2. Vehicle Code 23152(b) VC – driving with a BAC of .08% or greater.

However, even if you are found guilty of both these crimes, they result in only one conviction on your record.

California DUI laws are very strict with specific rules for different situations. For instance, it is unlawful to drive with a BAC as low as .04% if you are working as a:

• commercial driver or
• rideshare operator.

Meanwhile, driving with any BAC is illegal if you are under 21 or on DUI probation.

It is not just drinking and driving that can lead to a DUI arrest. It is also a crime to drive under the influence of drugs whether they are mixed with alcohol or not. The drugs can be either:

• Controlled substances including marijuana,
• Prescriptions, and/or
• Over-the-counter medications – even cough syrup.

Most California DUIs are misdemeanors, though they may become felonies if:

1. Someone is injured or killed, or
2. You have a prior felony DUI conviction, or
3. You have three (3) or more prior DUI or wet reckless convictions within the previous 10 years.

This chart provides a basic summary of California DUI penalties:

DUI Crime	Jail/Prison	Fine	IID	DUI School
1st offense	≤ 6 mos	$390-1000	6 mos	3 or 9 mos
2nd offense	96 hrs-1 yr	$390-1000	1 yr	18 or 30 mos
3rd offense	120 days-1 yr	$390-1000	2 yr	30 mos
Misdemeanor injury	5 days-1 yr	$390-5000	6 mos	3, 18 or 30 mos
Felony injury	16 mos-16 yrs	$1015-5000	1 yr	18 or 30 mos
Felony	16 mos, 2 or 3 yrs	$390-1000	≤ 5 yrs	18 or 30 mos

In addition, your insurance rates will increase substantially.

One thing that sets driving under the influence apart from most other California crimes is that consequences get harsher with each DUI or wet reckless conviction you pick up within a 10-year time frame (called as a “washout” or “lookback” period). Even out-of-state convictions from the past 10 years count as “priors” if they are equivalent to California DUIs.

Below our Los Angeles drunk driving defense lawyers provide a comprehensive guide to California DUI laws and penalties. Click on one of the following 20 topics to jump directly to that section:

• 1. 1st DUI Penalties
• 2. 2nd DUI Penalties
• 3. 3rd DUI Penalties
• 4. 4th DUI Penalties
• 5. DUI Causing Injury or Death
• 6. DUI After a Felony DUI
• 7. Probation Conditions
• 8. What Increases Your Sentence
• 9. Alternatives to Jail
• 10. How to Fight DUI Charges
• 11. Pleading to Wet or Dry Reckless
• 12. Criminal vs. DMV Case
• 13. What Happens During a DUI Stop
• 14. Reinstating Your License
• 15. Sleeping DUIs
• 16. Getting a DUI While on DUI Probation
• 17. Uber and Lyft Drivers
• 18. Underage DUI
• 19. DUI Laws for Bicycles, E-Scooters, and Boats
• 20. Driving with Alcohol or Marijuana
• Why hire an attorney?
• Additional Resources

1. 1st DUI Penalties

A first-time DUI in California is a misdemeanor. This typically carries three to five years of informal probation with the following terms:

• Fines: $390 to $1,000. However, total costs – including fees and assessments – can add up to thousands of dollars.
• DUI School: Completion of a three- or nine-month alcohol and/or drug education program called an AB541 class. You can find court-approved programs here.
• Driver’s License Suspension: Six months. However, you usually can continue driving without restrictions if you have an ignition interlock device (IID) installed in your car.

The judge can also impose 48 hours to six months in county jail for a DUI-1st. However, many judges will suspend any jail time as long as you complete the above sentencing terms.¹

2. 2nd DUI Penalties

In California, a second DUI conviction within 10 years of your first one is a misdemeanor. You are usually granted three to five years of informal probation, including these terms:

• Jail: 96 hours to one year.
• Fines: $390 to $1,000. This does not include all the other case-related costs and assessments, which can be thousands.
• DUI School: Completion of an 18-month or 30-month court-approved program, called a SB 38 class.
• Driver’s License Suspension: Two years. You usually can keep driving without restrictions if you get an IID installed in your car for one year.

Some California counties are stricter. For example in San Bernardino, the “mandatory minimum” sentence is usually 45 days of jail or work release.²

3. 3rd DUI Penalties

In California, a third DUI conviction within 10 years of your first one is a misdemeanor. The court typically grants three to five years of informal probation, carrying these conditions:

• Jail: 120 days to one year.
• Fines: $390 to $1,000 in fines. This does not include all the other court costs, fees, and assessments that these cases involve.
• DUI School: Completion of a 30-month court-approved drug/alcohol education program.
• Driver’s License Suspension: Three years. To get your license back, you would need an IID installed in your car for two years.

Note that a DUI-3rd conviction automatically designates you as a habitual traffic offender (HTO) for three years.³

4. 4th DUI Penalties

In California, a fourth DUI conviction within 10 years of your first one is a wobbler. This means it can be prosecuted as either a misdemeanor or a felony depending on your case and criminal history.

A DUI-4th carries:

• Jail: For a misdemeanor, 180 days to one year. For a felony, 16 months, two years, or three years.
• Fines: $390 to $1,000 in fines, though associated costs and fees can amount to more than $10,000.
• DUI School: 30 months of DUI School.
• Driver’s License Suspension. Four years. To get your license back, you would need to drive with an IID installed in your car for three years.

As with a DUI-3rd, a DUI-4th conviction designates you as a habitual traffic offender (HTO) for three years.⁴

5. DUI Causing Injury or Death

In California, non-fatal drunk driving cases causing bodily injury can be prosecuted as a misdemeanor or a felony depending on your case or criminal history. The following table shows the typical sentence:

DUI Causing Bodily Injury in California (VC 23153)
Misdemeanor Penalties	Felony Penalties
3 to 5 years of misdemeanor probation, 5 days to 1 year in a county jail, $390 to $5,000 in fines, 3-, 18-, or 30-month alcohol/drug program, A 1-year driver’s license suspension, and though you may be able to drive with an IID.	16 months to 10 years in State Prison, An additional 1 to 6 years in prison depending on the number of people injured and the extent of the injuries, $1,015 to $5,000 in fines, 18- to 30-month alcohol/drug program, 3 years of Habitual Traffic Offender (HTO) status, and A 5-year driver’s license suspension, though you may be able to drive with an IID.

Meanwhile, if your DUI case resulted in someone dying, then the penalties depend on which crime you get convicted of. The following table spells out the three possibilities.

CALIFORNIA DUI HOMICIDE CRIMES	1. Vehicular Manslaughter While Intoxicated	2. Gross Vehicular Manslaughter While Intoxicated	3. DUI Murder/Watson Murder
Statute	PC 191.5(b)	PC 191.5(a)	PC 187
Elements of the crime	Causing a fatal DUI crash while driving intoxicated and with ordinary negligence	Causing a fatal DUI crash while driving intoxicated and with gross negligence	A repeat DUI offender warned about the dangers of impaired driving causing a fatal DUI crash.
Penalties	Misdemeanor: Up to 1 year and up to $1,000 or Felony: 16 months, 2 years, or 4 years and up to $10,000	Felony: 4, 6, or 10 years and up to $10,000	Felony: 15 years to life and up to $10,000
Probation possible?	Yes	Yes	No

You can also expect to be sued by the injured parties or their families.

Even if you win your criminal case, you could potentially lose a civil lawsuit. This is because civil courts require a lower standard of proof (“by a preponderance of the evidence”) than criminal courts do (“beyond a reasonable doubt”).⁵

6. DUI After a Felony DUI

Once you have been convicted of a felony DUI, any DUIs you later pick up in California will also be charged as felonies. It does not matter how much time has gone by and if no one was hurt.

The penalties for a DUI following a felony DUI include up to $10,000 and a county jail sentence of:

• 16 months,
• 2 years, or
• 3 years.⁶

The saying goes, “Once a felon, always a felon.”

7. Probation Conditions

If you are granted probation in a California DUI case, the following conditions are always included:

• You cannot drive with any measurable amount of alcohol in your blood,
• You cannot refuse to submit to a chemical test (“evidentiary test”) of your blood, breath, or, in rare cases, urine, if you are arrested for a subsequent DUI, and
• You cannot commit any additional crimes.

Depending on your case, the following conditions may be imposed:

• Attendance in Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings,
• Participation in the Mothers Against Drunk Driving (MADD) Victim Impact Program, and/or
• Restitution payments to any victims if you caused an accident while driving under the influence.

Violating probation can result in your probation being revoked and you being remanded into custody to serve out your sentence.⁷

8. What Increases Your Sentence

There are “aggravating factors” that could cause your California DUI penalties to be harsher. Eight of the most common aggravating factors include:

1. Having a blood alcohol content (BAC) of .15% or higher (or less in some counties),
2. Refusing to submit to a chemical test, which carries an extra 1-year license suspension for a first refusal, 2 years for a second refusal, and 3 years for a third,
3. Causing an accident,
4. Driving at excessive speeds,
5. DUI with a child under the age of 14 in the car, which can also lead to an additional child endangerment charge,
6. Being under 21 at the time of your DUI, which carries a minimum 1-year license suspension,
7. Driving with an open container, and/or
8. Acting belligerently towards the officers.

Note that if you are a commercial driver, a first-time DUI will trigger a one-year CDL suspension. Any future DUIs carry a lifelong ban. These harsh penalties reflect the importance of commercial drivers being safe since they carry large loads, and any accident could be fatal.⁸

9. Alternatives to Jail

Depending on your California DUI case, it may be possible to avoid all or some of your jail sentence through “alternative sentencing.” This may include:

• Caltrans roadside work,
• Community service,
• Electronic monitoring or house arrest,
• Residence in a sober living environment, and/or
• Incarceration in a private or city jail, such as the Hawthorne Jail.

Lawyers who do not specialize in drunk driving defense may not even know that these sentencing alternatives exist. If they do, they may not know the most effective ways to convince the prosecutor and/or judge to agree to them.

This is just one reason why it is so important to hire an experienced DUI lawyer to defend you.⁹

10. How to Fight DUI Charges

Here at Shouse Law Group, we have represented literally thousands of people charged with violating California DUI laws. In our experience, the top ten defenses and “mitigating factors” include:

1. The police lacked reasonable suspicion to pull you over in the first place.
2. The police gave you incorrect instructions for the field sobriety tests and/or scored you wrong.
3. The breath testing machine was defective.
4. The person who last calibrated the breath testing machine let their certification lapse.
5. The blood samples were contaminated.
6. The chain of custody for the blood sample was compromised during processing at the lab.
7. You had a medical episode that mimicked intoxication (such as a seizure).
8. You had a medical condition such as GERD that caused excess mouth alcohol.
9. The police lacked probable cause to arrest you.
10. Your high BAC result was due to rising blood alcohol, and your BAC was legal when you were actually driving.

Typical evidence in these cases includes eyewitnesses, expert forensic witnesses, split blood testing, accident reconstruction experts, and video surveillance.

Note that it is not a defense that you had no intention of driving drunk. This is because DUI is a “general intent” crime rather than a “specific intent” crime.¹⁰

11. Pleading to Wet or Dry Reckless

In many cases, we can convince prosecutors to reduce your California DUI charge down to one of the following reckless driving charges:

• Wet reckless – where your criminal record notes that drugs or alcohol were involved, or
• Dry reckless – where there is no mention of drugs or alcohol use on your criminal record.

Note that if you plead to a wet reckless and pick up a new DUI later on, the wet reckless would be considered an “aggravating factor” and increase your DUI penalties.¹¹

12. Criminal vs. DMV Case

Each California DUI arrest triggers a criminal case and an entirely separate DMV case – called Administrative Per Se (APS).

The criminal case determines your guilt and potentially carries fines and jail. In contrast, the DMV case has a very narrow focus, which is whether you get to keep your license.

If you have a DMV hearing, only three issues are up for discussion:

1. Did the police officer have reasonable cause to believe you were operating a motor vehicle in violation of VC 23140, VC 23152, or VC 23153?
2. Were you operating a motor vehicle with a BAC of .08% or higher?
3. Did the police place you under lawful arrest or detain you while you were on DUI probation?

If you refused to take a chemical test, then only four issues are up for discussion:

1. Did the police officer have reasonable cause to believe you were operating a motor vehicle in violation of VC 23140, VC 23152, or VC 23153?
2. Did the police place you under lawful arrest or detain you while you were on DUI probation?
3. Did the police tell you that if you refused to take or complete a chemical test, your license would be suspended for one, two, or three years?
4. Did you refuse to take or complete a chemical test after the officer asked you to?

Since your criminal case is separate from the DMV case in California, you can win one and still lose the other. Even if your DUI charge gets reduced to reckless driving, the DMV can still suspend your driver’s license.

However, if you get acquitted of DUI in the criminal case after the DMV suspended your license, the DMV will lift the suspension.¹²

13. What Happens During a DUI Stop

In California, DUI stops occur when police observe you driving erratically, show up to the scene of an accident, or stop you at a checkpoint. The encounter usually proceeds as follows:

1. The police study you for signs of intoxication, including bloodshot eyes, slurred speech, and the smell of alcohol or marijuana. They also observe whether you have trouble answering questions or taking out your license, insurance, and registration information.
2. You may then be asked to take a preliminary alcohol screening (PAS test), also called a roadside breathalyzer test. This is optional for you to do.
3. You may also be asked to perform three standardized field sobriety tests (FSTs), which include the horizontal gaze nystagmus, the walk and turn, and the one-leg stand. These are also optional for you to do.
4. If you fail the PAS and/or the FSTs, the police will likely believe they have “probable cause” to arrest you.

If there is a sober passenger in your car, the police may let them take your car following your arrest. Otherwise, your car could be impounded, which carries hefty daily storage fees.

The Breath or Blood Test

Once you are arrested for DUI in California, you are presumed to have given your “implied consent” to take an evidentiary breath test or blood test. Though if the officers suspect you of DUI of drugs, you have to take the blood test since the breath test detects only alcohol.

If you refuse to take a breath or blood test, the police officer will inform you that:

• They will get a warrant and physically restrain you to get a blood draw,
• Your refusal can be used as evidence against you in court, and
• If you get convicted of DUI, the refusal will trigger mandatory jail.

Refusing a breath or blood test also triggers a license suspension. As the following table shows, the length of the suspension turns on whether you have any prior DUIs in the last 10 years.

Number of DUIs in the Last 10 Years	Driver’s License Suspension for Refusing the Chemical Test
No DUIs	1 year
1 DUI	2 years
2 or more DUIs	3 years

These same suspension periods apply if you are under 21 and refuse to take a PAS test.

Note that you can take a urine test instead of a blood test if you have hemophilia or are on anticoagulant medication for a coronary condition. Also, in the event no breath- or blood tests are available, you would have to take a urine test.

Confiscation of Your License

After a California DUI arrest, the officer will take your license and give you a “notice of suspension or revocation” form notifying you that you have only 10 days to request a DMV hearing. The officer will also give you a temporary license valid for 30 days; though if you request a DMV hearing in time, the temporary license remains valid pending the hearing results.

Meanwhile, the officer sends the DMV a copy of your “notice of suspension or revocation” form – as well as your license and a sworn police report – for them to investigate your case.

There is a chance that the DMV’s initial review of your case will show that there is no basis to suspend your license, at which point they will notify you in writing that your case is set aside and that you can reclaim your license at a DMV field office. Though in most cases, the DMV will find that there was sufficient evidence that you were driving under the influence and should have your license suspended.

Since your driving privileges are a type of property right, federal and state due process requires that you have the opportunity to attend a DMV hearing to contest your license suspension. If you waive your right to a hearing or end up losing the hearing, the DMV will impose the suspension.¹³

14. How to Reinstate Your License

After your California driver’s license suspension has expired, you can apply for reinstatement at a local DMV office or online.

In addition to paying the applicable fees, you also have to purchase a Form SR-22 from your insurance company and maintain it for three years. A Form SR-22 serves as your “proof of financial responsibility” that you carry at least the minimum required auto insurance:

• $15,000 bodily injury liability per person,
• $30,000 bodily injury liability per accident, and
• $5,000 for property damage liability.

If your vehicle has fewer than four wheels – such as a motorcycle or moped – you would instead get Form SR-1P from your insurance company.

The driver’s license reissue fee is normally $125. Though if you were under 21 and prosecuted under California’s Zero Tolerance law, the reissue fee is $100.

Restricted Licenses

California has two basic types of restricted licenses that you can get following a DUI:

1. Ignition interlock device (IID) restricted licenses, which permit you to drive anywhere; and
2. Regular restricted licenses, which permit you to commute to limited locations such as work and school.

For detailed instructions on your restricted license options if your license gets suspended, refer to the official DMV information fliers:

• Driving after a first-time DUI with no injuries
• Driving after a first-time DUI with an injury
• Driving after a DUI of drugs
• Driving after a repeat DUI within 10 years

If you have a CDL (commercial driver’s license), you have to downgrade to a Class C noncommercial driver’s license as a condition of getting a restricted license. Though if you were not driving a commercial vehicle at the time of the DUI – and you pay a reissue fee of $125 – you can get a restricted license to drive for work after a 30-day suspension.

Note that you can apply for a restricted license without having a DMV hearing.¹⁴

15. Sleeping DUIs

In California, if you are found asleep in the driver’s seat with the car on, police will certainly arrest you for DUI if they believe:

• You are under the influence or
• Have an illegal BAC.

If you are found asleep in the driver’s seat with the car off – or you are found asleep in the backseat with the car on – some police will arrest you on the theory that you were still “operating the vehicle.”

If you are found asleep in the backseat with the car off, you have the best chances of escaping DUI charges. That is, unless there is evidence you were driving drunk prior to parking and that you fell asleep to “sober up.”¹⁵

16. Getting a DUI While on DUI probation

If you get arrested in California for a new DUI while still on probation for a prior one, the criminal court judge may revoke your probation and remand you to jail to serve out your suspended jail sentence. However you are entitled to a probation revocation hearing where you can argue that you:

• Deserve a second chance or
• Did not commit another DUI.

Meanwhile, the California DMV will suspend your license if you commit a DUI while on probation for a prior DUI. The following table shows how long the suspension will last.

Probation Violation	Driver’s License of Suspension by the DMV
Your BAC is at least .01% according to a PAS or chemical test	1 year
You refused to take a PAS or chemical test	2 years
You refused a PAS or chemical test, plus you have two or more prior DUI convictions	3 years

If you committed more than one of the above violations, the suspensions will run concurrently (not one after the other).¹⁶

17. Uber and Lyft Drivers

If you are a ride-sharing driver in California, you can be convicted of DUI for driving with a BAC of only .04% or higher whenever you are transporting a passenger. It does not matter if you are being safe and feel unimpaired.

If there is no “passenger for hire” in your car, then the standard .08% BAC limit applies.¹⁷

18. Underage DUI

If you are under 21 and caught driving with a BAC of .08% or higher, you face the same DUI charges adults do. If your BAC is lower, you still face consequences to reflect California’s zero tolerance policy for underage drinking and driving.

For instance, if a PAS test shows that your BAC was at least .01% while you are driving, it is a civil offense. The DMV would suspend your license for one year.

However, if your PAS shows a BAC of at least .05%, you must take an evidentiary breath or blood test to confirm the result. If your BAC is under .08%, you could then be charged with underage DUI. This is an infraction, and the penalties for a first offense are:

• A 1-year suspension of your driver’s license,
• A $100 fine, and
• If you are at least 18, a mandatory alcohol education program of 3 months or longer.

Note that refusing to take the breath or blood test carries a one year license suspension. If you have a prior conviction for refusing or for a DUI or wet reckless, your license could be revoked for two years.

In the event you do not have a license yet, then your ability to obtain a license will be delayed by the length of the suspension period.¹⁸

19. DUI Laws for Bicycles, E-Scooters, and Boats

Motorized or Electric Bikes

In California, the same DUI laws that govern cars and motorcycles also apply to most motorized or electric bikes. Therefore, drunk e-biking is punished the same as drunk driving an automobile.

Pedal Bikes

For non-motorized/non-electric bikes, drunk biking in California is a misdemeanor carrying up to $250 in fines and no jail. You do not have to consent to a breath or blood test, and it is not per se illegal to bike with a BAC of .08% or higher.

Cycling under the influence will not cause your driver’s license to get suspended unless you are under 21 years old. Bikers aged 13 to 20 face a year-long suspension of their driver’s license (or a year-long delay to get their driver’s license).

Motorized Scooters

Riding an e-scooter under the influence of alcohol or drugs is a California misdemeanor carrying up to $250 in fines. There is no jail or driver’s license suspension.

As with pedal bikes, you do not have to consent to a breath or blood test when riding an e-scooter. It is also not per se illegal to e-scoot with a BAC of .08%.

Boats

It is a California crime to boat under the influence of alcohol or drugs or with a BAC of .08% or higher. As a misdemeanor, “BUI” carries up to $1,000 in fines and/or six months in jail. It should not affect your driver’s license.

This law also applies to other water vessels such as jet skis, water skis, and aquaplanes.¹⁹

20. Driving with Alcohol or Marijuana

In California, it is typically an infraction to drive with an open container of alcohol (carrying a $250 fine) or marijuana (carrying a $100 fine). Any open containers should be in the trunk or where no passengers are sitting. Your glove box does not count.

If you are under 21, you may not drive or be a passenger in a car with any alcohol – even if it is sealed – unless there is an adult. The only other exception is that you are carrying out your duties working for someone with an off-site liquor license, and the beverages are closed.

Driving with alcohol while underage is a misdemeanor carrying up to six months in jail and/or $1,000 in fines. Your car could also be impounded for 30 days, and your license may be suspended for one year.²⁰

Why hire an attorney?

Hiring an experienced DUI attorney to represent you in criminal court and at your DMV hearing is invaluable in helping you avoid the harsh consequences of violating California DUI laws. An attorney may be able to save your license while getting your charges reduced or dismissed so your record remains clear.

The long-term fallout of having a DUI extends far beyond any criminal penalties. It could keep you from getting

• work,
• housing,
• loans,
• acceptance to a college,
• financial aid, or
• a professional license.

In some circumstances, a DUI can even cause immigrants to be deported – especially if there were drugs involved or child passengers.

Furthermore, a DUI remains on your driving record for a decade. Plus it puts two points on your license: That means your driving privileges will get suspended if you pick up only two more points in one year.

Your best hope of avoiding California DUI penalties is to have a skilled attorney in your corner. Also, prosecutors are much more likely to offer favorable plea deals when you have private counsel fighting for the best resolution possible in your case.²¹

Additional Resources

For more information, refer to the following:

1. Alcoholics Anonymous – 12-step program for overcoming alcoholism.
2. Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
3. Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
4. Driving Under the Influence (DUI) – California DMV page on driver license suspension for DUIs.
5. MADD – Non-profit organization devoted to stopping drunk driving.

---

Legal References