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 40 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 (714) 462-5041 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

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 364 days and by a fine of $390 to $2,000. See VC 23540.

DUI penalties become more severe after multiple convictions.
The DUI penalties begin to increase in severity as they accumulate.

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 364 days, and pay a fine of $390 to $2,000.
  2. For a period of 96 hours to 364 days, 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 364 days 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

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 364 days, 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.

DUI penalties for a 4th DUI conviction.
If you receive a 4th DUI conviction, you could face a felony charge.

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 364 days 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 364 days 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 364 days 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 364 days.

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

DUI penalties for multiple convictions.
Our attorneys will fight around the clock to protect your freedom.

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 40 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 Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego, Torrance and Sherman Oaks, there is an experienced Wallin & Klarich criminal defense available near you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (714) 462-5041. for a free phone consultation. We will be there when you call.

Hiring A DUI Defense Attorney | How We Can Help You

When dealing with such serious allegations it is crucial to hire the best attorney you can find. At Wallin & Klarich criminal defense firm we believe that there are four (4) key aspects that you, the client, should look for when hiring an attorney. 

  1. Experience
  2. Communication
  3. Track record
  4. Ethos – Credibility

Wallin & Klarich | 40+ Years of Experience Defending DUI Charges

Here at Wallin & Klarich, our team of highly-trained attorneys have over 40+ years of experience representing clients accused of driving under the influence. This experience does not only mean that we are competent in the handling  of your case, but equally important, we know our way around the local courthouses and we know the local prosecutors. Not only do we know what we bring to the table, we also know what needs to be brought to the table. This sometimes overlooked, and often underappreciated knowledge makes it easier to craft a defense that gives you the highest chance of success possible. 

24/7 Communication With Your Attorney | The Wallin & Klarich Way 

Cases are won in the courtroom but made in the office. At Wallin & Klarich, we believe that communication and transparency are a vital key to a successful case. With all the paperwork and legal jargon, we have found that when people retain other law firms it is common for the client to get lost in the legal process and only have a vague idea of what is going on in their case. We believe this is why so many people retain our law firm to help them when facing a DUI charge. By keeping an open line of communication with our clients and walking side-by-side with them through the entire legal process we have found that our clients are not only happier, but receive a better outcome when communication is kept at the forefront of our efforts. 

Give us a call, toll-free at (877) 4-NO-JAIL and let’s begin communicating on how we can get the best outcome for your case. 

Track Record of Success | Wallin & Klarich History of Winning Cases

Words mean nothing if the outcome of your case is not what you were looking for. We are confident enough in our abilities to deliver the best possible outcome in case that we invite you to read about some of our previous big wins in the courtroom, from the people who it matters to most – our clients!

 

Frequently Asked Questions

The short answer, yes. If completing DUI classes were specified within the terms of probation, then failing to satisfy this requirement is enough to get you sent back to jail. You can, however, request more time to complete them.

No. You are not required to consent to a breath test at the scene of your arrest. If you think you may be intoxicated if you blow into the machine you will be giving the officer evidence to be used against you in court.

No. You are not required to consent to a field sobriety test at the request of a police officer. The results of this test can be used against you in court.

Yes. The DMV can suspend your license if you refuse to take any of the tests the officer requests.

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