DUI Penalties In California Per Vehicle Code 23152(a) VC


 

What Consequences Am I Facing If Convicted Of A DUI In California?

DUI penalties in California are severe. If you are charged with a DUI in California, it is crucial that you speak to one of our experienced DUI defense lawyers immediately. With over 30 years of experience defending clients accused of driving while intoxicated in Southern California, the attorneys at Wallin & Klarich are ready to provide you with the immediate help you need. Below are the most common penalties for a first, second, third, fourth, or subsequent DUI in California. If you need to speak to one of our professional lawyers, please dial (877) 466-5245 at any moment.

Penalty For A First DUI In California

A first DUI conviction under VC 23152 shall be punished by imprisonment in the county jail from 96 hours to 6 months, and by a fine of $390 to 2,000. See VC 23536.

Upon the conviction for a DUI under VC 23152, the DMV will suspend your driver’s license for a period of 6 months. See VC 13352. The DMV also has the authority to impose a maximum suspension of 4 months for a first-time DUI offense. See VC 13353.3.

If you are convicted of a DUI under VC 23152 or 23153 and granted probation, the terms and conditions of probation shall include, but not be limited to, the following:

The penalties for first DUI offense in California consist of jail time and fines. Speak to us today.

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  1. A probation term of 3 to 5 years;
  2. A requirement that you shall not drive a vehicle with any measurable amount of alcohol in your blood;
  3. A requirement that, if arrested for a violation of VC 23152 or 23153, you shall not refuse to submit to a chemical test of your blood, breath, or urine, pursuant to VC 23612, for the purpose of determining the alcohol content in your blood;
  4. A requirement that you shall not commit any criminal offense;
  5. Do not drive without valid insurance;
  6. Disclose probation terms upon request of law enforcement officer;
  7. Do not associate with anyone disapproved of by your probation officer; OR
  8. Submit to search and seizure.

In addition to the provisions of VC 23600, and any other terms imposed by the court, the court shall impose as a condition of probation that:

  1. You must pay a fine of $390 to $2,000. The court may also impose, as a condition of probation, that you be confined in a county jail for 48 hours to 6 months.
  2. You shall enroll, participate in, and successfully complete a driving-under-the-influence program.
  3. If you had a BAC that was lower than 0.20%, the court shall refer you to participate for at least 3 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.
  4. If you had a BAC of 0.20% or more, or refused to take a chemical test, the court shall refer you to participate for at least 9 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.

 

Penalty For A Second DUI

Anyone charged with a second dui within 10 years in California is sentenced to confinement in county jail.

You may be sentenced to jail for a second DUI conviction

The penalty for a second DUI under VC 23152 within 10 years of a separate DUI or  wet reckless driving charge that resulted in a conviction will result in imprisonment in the county jail for a period of 90 days to 1 year and by a fine of $390 to $2,000. See VC 23540.

The DMV will also suspend your driver’s license for a period of 2 years if you are convicted of driving under the influence of alcohol under VC 23152. See VC 13352(a)(3).

Under VC 23542, in addition to the provisions of VC 23600, and any other terms and conditions imposed by the court, the court shall impose, as conditions of probation, that you be confined in county jail and fined under either of the following:

  1. For a period of 10 days to 1 year, and pay a fine of $390 to $2,000.
  2. For a period of 96 hours to 1 year, and pay a fine of $390 to $2,000. A sentence of 96 hours shall be served in two increments consisting of a continuous 48 hours each.

The DMV will suspend your driver’s license for a period of 2 years if convicted of a DUI under VC 23152 and given probation. See VC 13352(a)(3). The court has the discretion to require you to do either of the following:

  1. Enroll and participate, for at least 18 months, in a driving-under-the-influence program.
  2. 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 VC 23103, as specified in VC 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 1 year and by a fine of $390 to $2,000. Your driving privilege shall be revoked by the DMV as required in VC 13352(a)(5) for a period of 3 years. See VC 23546.

You shall be designated a habitual traffic offender for a period of 3 years subsequent to a third DUI conviction. Being deemed a habitual traffic offender will increase the penalties for certain subsequent driving offenses.

The court may also order, as a condition of probation, that you 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 you be confined in the county jail for a period of 30 days and complete a 30-month rehabilitation program. The court shall not order the treatment prescribed by this subdivision unless you make a specific request and show good cause for the order.

DUI Penalties For A Fourth Or Subsequent DUI Offense

If you have a 4th or subsequent DUI conviction within 10 years, you may be charged with a felony in California.

You may be charged with a felony for a 4th or subsequent DUI.

The punishment for a fourth or subsequent DUI within 10 years your DUI is a “wobbler.” This means that the prosecutor has discretion to charge the DUI as a felony or a misdemeanor offense. A felony conviction is punishable by imprisonment in county jail for up to 3 years. A misdemeanor conviction is punishable by imprisonment in county jail for a period of 180 days to 1 year, and by a fine of $390 to $2,000. Under VC 13352(a)(9), your driver’s license shall be revoked by the DMV for a period of 4 years. See VC 23550.

You shall be designated a habitual traffic offender for a period of 3 years if you are convicted of a fourth DUI offense under VC 23152. Being a habitual traffic offender will increase the penalties for certain driving offenses that are committed after being designated. Under VC 23550.5, you are guilty of a public offense punishable by imprisonment in the county jail for up to 3 years or confinement in a county jail for up to 1 year and by a fine of $390 to $2,000 if you are convicted of a DUI under VC 23152 or 23153, and the offense occurred within 10 years of any of the following:

  1. A prior DUI conviction under VC 23152 is punishable as a felony because it was the fourth or subsequent DUI conviction under VC 23550 or this section, or both.
  2. A prior DUI causing injury under VC 23153 that was punished as a felony.
  3. A prior gross vehicular manslaughter under PC 192 (c)(1) that was punished as a felony.

If you have previously been convicted of gross vehicular manslaughter under PC 191.5 and are subsequently convicted of a DUI under VC 23152 or 23153, you are guilty of a public offense punishable by imprisonment in the state prison for up to 3 years or confinement in a county jail for up to 1 year and by a fine of $390 to $2,000.

You shall be designated as a habitual traffic offender for a period of 3 years subsequent to a conviction under VC 23152 or 23153.

Under VC 23552, if the court grants probation for a fourth or subsequent DUI conviction punishable under VC 23550, in addition to the provisions of VC 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that you be confined in a county jail for a period of 180 days to 1 year and pay a fine of $390 to $2,000.

Your license shall be revoked by the DMV for a period of 4 years. See VC 13352(a)(9). The court may order as a condition of probation that you participate, for at least 30 months 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 you be confined in the county jail for 30 days to 1 year.

Insurance Increase As A Result From DUI Conviction

Your insurance rate will likely increase if you are convicted of a DUI. Along with your DUI conviction, an auto insurance company may consider factors such as your age and driving history prior to raising your insurance premium.

According to the California DMV, a DUI conviction will prevent you from obtaining a “good driver” discount for a period of 10 years following a DUI conviction. A loss of this discount may result in a 20% rate increase.

You may be also required to obtain an SR-22 for a period of 3 years following a DUI conviction. This insurance form helps the DMV that “at risk” drivers are financially responsible for their driving. The cost of the SR-22 certificate will depend on criteria such as your age, driving history, and place of residence.

Speak To Wallin & Klarich’s Team of DUI Attorneys In Southern California

If you or a loved one has been charged with a DUI in California, speak to us today.

With over 30 years of experiences, we will be with you when you call.

If you or a loved one is facing charges for driving under the influence in California, speak to one of our experienced attorneys at Wallin & Klarich. For over 30 years, we have helped thousands of clients facing DUI charges, and we are ready to provide you with our professional guidance the moment you call our firm. With offices in Orange County, Los Angeles, San Diego, Riverside, West Covina, San Bernardino, Ventura, and Victorville, we will be with you when you call.

Speak to us today. (877) 4-NO-JAIL or (877) 466-5245.

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