DUI sentencing and punishment – California vehicle code 23152
(Audio) What are the penalties I am facing for a DUI?
DUI punishments are some of the most severe in the country. That is why it is crucial that you speak with a Southern California DUI attorney as soon as you are charged with a DUI. Below are the most common punishments for DUI in California.
Penalty for a First DUI
The penalty for a first DUI, violation of Vehicle Code Section 23152, that person shall be punished by imprisonment in the county jail from 96 hours to six months, and by a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000). See California Vehicle Code Section 23536.
Upon the conviction of a DUI under California Penal Code Section 23152, the DMV will suspend the drivers license of the person convicted for a period of six months. See California Penal Code Section 13352.
Under California Vehicle Code Section 23600, if any person is convicted of DUI, a violation of Section 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following:
- A period of probation from three to five years.
- A requirement that the person shall not drive a vehicle with any measurable amount of alcohol in his or her blood.
- A requirement that the person, if arrested for a violation of Section 23152 or 23153, shall not refuse to submit to a chemical test of his or her blood, breath, or urine, pursuant to Section 23612, for the purpose of determining the alcohol content of his or her blood.
- A requirement that the person shall not commit any criminal offense.
In addition to the provisions of Section 23600, and any other terms imposed by the court, the court shall impose as a condition of probation that:
- The person pays a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000). The court may also impose, as a condition of probation, that the person be confined in a county jail for 48 hours to six months.
- The driver shall enroll and participate in, and successfully complete, a driving-under-the-influence program.
- If the first time offender had a BAC that was lower than 0.20%, the court shall refer the offender to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including education, group counseling, and individual interview sessions.
- If the first time offender had a BAC of 0.20% or more, or who refused to take a chemical test, the court shall refer the offender to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.
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Penalty for a second DUI
The penalty for a second DUI, violation of Vehicle Code Section 23152, within 10 years of a separate DUI or reckless driving charge that resulted in a conviction will result in imprisonment in the county jail for a period of 90 days to one year and by a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000). See California Vehicle Code Section 23540.
The DMV will also suspend the persons license for a period of two years if convicted of being under the influence of alcohol under Section 23152. See California Vehicle Code Section 13352(a)(3). Conditions of Probation: Second Offense Within Ten Years
Under California Vehicle Code 23542, in addition to the provisions of Section 23600, and any other terms and conditions imposed by the court, the court shall impose, as conditions of probation, that the person be confined in county jail and fined under either of the following:
- For a period of 10 days to one year, and pay a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000).
- For a period of 96 hours to one year, and pay a fine of at least three hundred ninety dollars ($390) to one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each.
The DMV will still suspend the persons license for a period of two years if convicted of driving under the influence of alcohol under Section 23152 and is given probation. See California Vehicle Code Section 13352(a)(3).
The court shall also require the person to do either of the following:
- Enroll and participate, for at least 18 months, in a driving-under-the-influence program.
- Enroll and participate, for at least 30 months, in a driving-under-the-influence program.
Penalty for a third DUI
The penalty for a third DUI within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, is imprisonment in the county jail for a period of 120 days to one year and by a fine three hundred ninety dollars ($390) to one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the DMV as required in Section 13352(a)(5) for a period of three years. See California Vehicle Code Section 23546.
A person convicted of a violation of Vehicle Code Section 23152 shall be designated as a habitual traffic offender for a period of three years subsequent to the conviction. Being deemed a habitual traffic offender will increase the penalties for certain subsequent driving offenses. Conditions of Probation: Third Conviction Within Ten Years
If the court grants probation to any person punished for a third DUI conviction within 10 years, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for a period of 120 days to one year and pay a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000). See California Vehicle Code Section 23548.
The DMV will suspend the person’s license for a period of three years if convicted of driving under the influence of alcohol under Section 23152. See California Vehicle Code Section 13352(a)(5).
The court may also order, as a condition of probation, that the person participate in a driving-under-the-influence program for at least 30 months. In lieu of the minimum term of imprisonment of 120 days, the court shall impose, as a condition of probation, that the person be confined in the county jail for a period of 30 days to one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order.
Penalty for a fourth or subsequent DUI
The Penalty for a fourth or subsequent DUI within 10 years your DUI becomes a “wobbler.” This means that the prosecution has the discretion to charge the crime as a felony or a misdemeanor. A felony conviction is punishable by imprisonment in state prison for up to three years. A misdemeanor conviction is punishable by imprisonment in county jail for a period of 180 days to one year, and by a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000). Under California Vehicle Code Section 13352(a)(9), the person’s license shall be revoked by the DMV for a period of four years. See California Vehicle Code Section 23550.
A person convicted of the fourth or subsequent DUI under Vehicle Code Section 23152 shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. Being a habitual traffic offender will increase the penalties for certain driving offenses that are committed after being designated. Penalties: Conviction Within 10 Years of Prior DUI Conviction
Under California Vehicle Code Section 23550.5, a person is guilty of a public offense, punishable by imprisonment in the state prison for up to three years or confinement in a county jail for up to one year and by a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000) if that person is convicted of a DUI under Section 23152 or 23153, and the offense occurred within 10 years of any of the following:
- A prior DUI conviction under Section 23152 that was punished as a felony because it was the fourth or subsequent DUI conviction under Section 23550 or this section, or both.
- A prior DUI causing injury under Section 23153 that was punished as a felony.
- A prior gross vehicular manslaughter under California Penal Code Section 192(c)(1) that was punished as a felony.
Each person who, having previously been convicted of gross vehicular manslaughter while intoxicated under California Penal Code Section 191.5(a), a felony violation of vehicular manslaughter while intoxicated under California 191.5(b), is subsequently convicted of a DUI under Section 23152 or 23153, is guilty of a public offense punishable by imprisonment in the state prison for up to three years or confinement in a county jail for up to one year and by a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000).
A DUI conviction under Section 23152 that is punishable by Section 23550.5 will result in the DMV revoking the person’s license for a period of four years.
A person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years subsequent to the conviction. Being a habitual traffic offender will increase the penalties for certain driving offenses that are committed after being designated. Conditions of Probation
Under California Vehicle Code Section 23552, if the court grants probation for a fourth or subsequent DUI conviction punishable under Section 23550, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in a county jail for a period of 180 days to one year and pay a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000).
The person’s license shall be revoked by the DMV for a period of four years. See California Vehicle Code Section 13352(a)(9).
The court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program. In lieu of the minimum term of imprisonment of 180 days, the court shall impose as a condition of probation that the person be confined in the county jail for 30 days to one year.
