A case is set for sentencing when the accused pleads guilty or is found guilty by a jury. The judge determines the punishment, or penalties, at this time. For more information on DUI/DWI/ Drunk Driving Penalties, please click a topic below:
- 1st Offense
- 2nd Offense
- 3rd Offense
- 4th Offense
- Reckless Driving
- Sentence Enhancements
- Related Links
1ST OFFENSE
Sentence With NO Probation
FINE: From $390.00 (plus mandatory penalty assessments) to $1,000.00 (plus mandatory penalty assessments).
JAIL: From 96 hours (48 of which must be served continuously) to 6 months.
LICENSE: 6-month suspension.
DMV LICENSE: The defendant must successfully complete an alcohol/drug treatment program in order to be eligible for a driver’s license in the future.
TREATMENT: None required.
Sentence With Probation
Option A
FINE: From $390.00 (plus mandatory penalty assessments) to $1,000.00 (plus mandatory penalty assessments).
JAIL: From 96 hours (48 of which must be served continuously) to 6 months.
LICENSE: 6-month suspension.
DMV LICENSE: The defendant must successfully complete an alcohol/drug treatment program in order to be eligible for a driver’s license in the future.
TREATMENT: Mandatory attendance at an alcohol/drug treatment program. If the defendant’s Blood Alcohol Count (BAC) was less than 0.20 percent, participation in the program must be for at least 3 months or longer. If the defendant’s BAC was 0.20 percent or more, or if the blood analysis test was refused, participation in the program must be for at least 6 months or longer.
Option B
*This option is not available if the defendant willfully refused or failed to complete a chemical test.
FINE: From $390,00 (plus mandatory penalty assessments) to $1,000.00 (plus mandatory penalty assessments).
JAIL: None is required.
LICENSE: A 90-day license restriction to travel to and from work and within scope of employment and/or to and from the education program upon verification that proof of insurance has been provided to the DMV by an insurance company. Proof of insurance must be maintained for three years.
DMV LICENSE: If the courts order a restriction, the defendant may not drive unless and until the DMV suspension of his/her license has been served to completion Or set aside, and his/her license has been reinstated. At any time during the three-year period, if proof of insurance is not maintained, the DMV will suspend the defendant’s driving privilege until such proof is provided.
TREATMENT: Mandatory attendance at an alcohol/drug treatment program. If your Blood Alcohol Count (BAC) was less than 0.20 percent, participation in the program must he for at least 3 months or longer. If your BAC was 0.20 percent or more, or if the blood analysis test was refused, participation in the program must be for at least 6 months or longer.
VEHICLE IMPOUND: If the vehicle used in the violation is solely registered to the defendant, the vehicle may be impounded at the defendant’s expense for not more than 30 days.
2ND OFFENSE
*must take place within 10 years of previous offense
Sentence With NO Probation
FINE: From $390.00 (plus mandatory penalty assessments) to $1,000,00 (plus mandatory penalty assessments).
JAIL: From 90 days to 1 year.
LICENSE: 2-year suspension.
DMV LICENSE: The defendant must successfully complete an alcohol/drug treatment program in order to be eligible for a driver’s license in the future.
TREATMENT: None is required.
Sentence With Probation
Option A
FINE: From $39000 (plus mandatory penalty assessments) to $1,000,00 (plus mandatory penalty assessments).
JAIL: From 10 days to 1 year.
LICENSE: 2-year suspension.
TREATMENT: None is required; however, the CA DMV will not reinstate license until proof of completion of a treatment program.
Option B
FINE: From $390.00 (plus mandatory penalty assessments) to $1,000,00 (plus mandatory penalty assessments). JAIL: From 96 hours (two increments of 48 continuous that may be served non-consecutively) to 1 year.
LICENSE: License restricted to travel to and from work and within scope of employment and/or to and from the education program upon verification that proof of insurance has been provided to the DMV by an insurance company. Proof of insurance must be maintained for three years. Restriction lasts until the end of the mandatory 18·month or 30-month alcohol/drug program,
DMV LICENSE: If the courts order a restriction, the defendant may not drive unless and until the DMV suspension of his/her license has been served to completion or set aside, and his/her license has been reinstated, At any time during the three-year period, if proof of insurance is not maintained, the DMV will suspend the defendant’s driving privilege until such proof is provided:
TREATMENT: Mandatory attendance at either an 18-month or a 30-month alcohol/drug treatment program approved pursuant to chapter 9, Part 2 of Division 10.5 of the Health and Safety Code. No credit may be given for any program activities completed prior to the date of the offense charged,
VEHICLE IMPOUND: If the offense occurred within 5 years of a prior DUI/DWI/ Drunk Driving conviction and if the vehicle used in the violation is solely registered to the defendant, the vehicle shall be impounded at the defendant’s expense for not mOre than 30 days, except in an unusual case when the courts find the interest of justice would be served by not ordering impoundment.
3RD OFFENSE
*must take place within 10 years of previous offense
Sentence With NO Probation
FINE: From $390,00 (plus mandatory penalty assessments) to $1,000,00 (plus mandatory penalty assessments).
JAIL: From 120 days to 1 year.
LICENSE: Revoked for 3 years to the courts and the defendant shall be designated as an “habitual traffic offender.”
DMV LICENSE: The defendant must successfully complete a 1-year alcohol/drug treatment program in order to be eligible for a driver’s license in the future.
TREATMENT: None is required
4TH OFFENSE
*must take place within 10 years of previous offense
Sentence With NO Probation
FINE: From $390,00 (plus mandatory penalty assessments) to $1,000,00 (plus mandatory penalty assessments).
JAIL: From 16 months to 3 years in state prison OR from 180 days to 1 year in county jail.
LlCENSE: Revoked for 4 years to the courts and the defendant shall be designated as an “habitual traffic offender”.
DMV LICENSE: The defendant must successfully complete a 1-year alcohol/drug treatment program in order to be eligible for a driver’s license in the future.
TREATMENT: None is required
Sentence With Probation
FINE: From $390,00 (plus mandatory penalty assessments) to $1,000,00 (plus mandatory penalty assessments).
JAIL: From 180 days to 1 year OR if ordered to attend a 30 month alcohol/drug treatment program, from 30 days to 1 year.
LICENSE: Revoked for 4 years to the courts and the defendant shall be designated as an “habitual traffic offender.”
DMV LICENSE: The defendant must successfully complete an alcohol/drug treatment program in order to be eligible for a driver’s license in the future.
TREATMENT: Mandatory attendance at either an 18-month or a 30-month alcohol/drug treatment program approved pursuant to chapter 9, Part 2 of Division 10.5 of the Breath and Safety Code. No credit may be given for any program activities completed prior to the date of the offense charged.
VEHICLE IMPOUND: If the offense occurred within 5 years of a prior DUI / DWl / Drunk Driving conviction and if the vehicle used in the violation is solely registered to the defendant, the vehicle shall be impounded at the defendant’s expense for not more than 30 days, except in an unusual case when the courts find the interest of justice would be served by not ordering impoundment.
RECKLESS DRIVING
When a DUI/ DWI / Drunk Driving is reduced to Reckless Driving. If alcohol or drugs are involved, this conviction will act as a separate DUI / DWI / Drunk Driving conviction if a subsequent DUI / DWI / Drunk Driving is committed within 10 years.
Sentence With NO Probation
FINE: From $390,00 (plus mandatory penalty assessments) to $1,000.00 (plus mandatory penalty assessments).
JAIL: From 5 to 90 days in jail
LlCENSE:
DMV LICENSE:
TREATMENT:
Sentence With Probation
FINE: From $145.00 (plus mandatory penalty assessments) to $1,000,00 (plus mandatory penalty assessments).
JAIL: From 5 to 90 days in jail
LlCENSE:
DMV LICENSE:
TREATMENT:
SENTENCE ENHANCEMENTS
*pre-existence of facts that significantly increase the above sentences o Refusal If a suspect refuses to blood-alcohol testing, his/her license will be immediately confiscated by the officer pursuant to the administrative per se law and suspended for a period of 1 year.
1st Offense
48 hours in jail and a tine of at least $390 are added to the sentence,
2nd Offense
96 hours in jail is added to the sentence.
3rd Offense
10 days in jail is added to the sentence.
4th Offense
18 days in jail is added to the sentence.
RECKLESS DRIVING
*When a DUI / DWl / Drunk: Driving conviction is secured, Reckless Driving can still enhance an individual’s sentence.
60 days in jail is added to the sentence.
CHILD ENDANGERMENT
*Occurs when a minor under the age of 14 was a passenger at the time of the DUI / DWI / Drunk Driving.
1st Offense
48 hours in jail is added to the sentence.
2nd Offense
10 days in jail is added to the sentence.
3rd Offense
30 days in jail is added to the sentence.
4th Offense
90 days in jail is added to the sentence.
Over .20% BAC (blood-alcohol content)
Unlike the other sentence enhancements, this one is not specifically outlined. The Vehicle Code directs the judge to consider this evidence as a “special factor which may justify enhancing the penalties in sentencing, in determining whether to grant probation, and if probation is granted, in determining additional or enhanced terms and conditions of probation. “
Multiple Victims
*If a defendant is convicted of a Felony DUI / DWI / Drunk Driving, vehicular manslaughter while intoxicated, or gross vehicular manslaughter while intoxicated, the defendant’s sentence can be statutorily enhanced by the addition of 1 year in state prison for each additional victim.
RELATED LINKS
CHP Guide to Auto Impound Laws
“Why Was My Car Impounded?” An explanation of the California’s laws for the impounding of cars driven by persons with suspended licenses.
California Vehicle Code
Law outlining from DMV procedures to criminal/traffic violation offenses and penalties.
California’s Drunk Driving StatutesCalifornia Vehicle Code sections describing DUI / DWl / Drunk Driving offenses.