California DUI Penalties
California Drunk Driving Laws, Penalties, and Consequences: The penalties for a DUI in California vary based on the circumstances of the case. However, the law provides ranges of allowable penalties that are, for the most part, dependent on how many prior convictions the defendant has. In California, a DUI conviction will stay on your record and count as a prior for ten years. Here are what the possible sentences look like for a first, second, and third DUI.
| 1st Offense | 2nd Offense | 3rd Offense | |
|---|---|---|---|
| Jail | Up to 6 months | 96 hours to 1 year | 120 days to 1 year |
| Fines and Penalties | $390 to $1,000 | $390 to $1,000 | Up to $1,800 |
| License Suspension | 6 months | 2 years | 3 years |
| Interlock ignition device (IID) | 5 months in certain counties | 1 year in certain counties | 2 years in certain counties |
In deciding on an appropriate sentence, a judge or prosecutor (when a sentence is the result of a plea bargain) usually considers various mitigating and aggravating circumstances.
Implied Consent and Refusing a Blood Alcohol Test in California
California Drunk Driving Laws, Penalties, and Consequences: California’s “implied consent” law requires all drivers who are lawfully arrested for driving under the influence to submit to BAC testing. Generally, the driver gets to choose between a blood or breath test.
Drivers who refuse testing must pay a $125 fine and face license suspension. Here are the suspension periods for a first, second, and third refusal.
| 1st Offense | 2nd Offense | 3rd Offense | |
|---|---|---|---|
| License suspension | 1 year | 2 year | 3 year |
For determining what is a second or third refusal, prior DUI convictions, reckless driving convictions, and refusal-related suspensions count. For example, a motorist with one prior DUI and one prior reckless driving conviction who refuses to test would face a three-year suspension for the refusal.
