CALIFORNIA CRIMINAL AND DEPARTMENT OF MOTOR VEHICLE PENALTIES
FOR DRIVING UNDER THE INFLUENCE
CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL
AND/OR DRUGS
(VEHICLE CODE SECTION 23152)
|
OFFENSE
|
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) |
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION
|
|
FIRST Offense
within 7 years
|
Two options, both requiring attendance at a 3 month or 6 month alcohol/drug program, a fine of $390 to $1000, plus either: (A) 48 hours to 6 months in jail; or (B) a 90-day license restriction. Under option (A), the Court may also suspend your license for 6 months. Under either option, your license shall
be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license.
|
96 hours to 6 months in jail, $390 to $1000 fine, and a 6 month license suspension.
|
|
SECOND Offense
within 7 years
|
Two options, both carrying a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail and a 2 year license suspension; or (B) 96 hours to 1 year in jail, an 18-month or 30-month
alcohol/drug program, and a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 18 months if the offense occured in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for up to 3 years.
|
90 days to 1 year in jail, $390 to $1000 fine, and an 18-month license suspension.
|
|
THIRD Offense
within 7 years
|
120 days to 1 year in jail, $390 to $1000 fine, a 3-year license revocation, and an 18-month or 30 month alcohol/drug program if you have not completed one before.
|
120 days to 1 year in jail, $390 to $1000 fine, and a 3-year license revocation.
|
|
FOURTH or Subsequent Offense within 7 years
|
180 days to 1 year in jail, $390 to $1000 fine, a 4 year license revocation, and an 18-month or 30 month alcohol/drug program if you have not completed one before.
|
16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine, and a 4-year license revocation.
|
DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
|
FIRST OFFENSE
|
.08 or greater
|
4 month suspension
|
|
|
Refusal
|
1 year suspension
|
|
SECOND OFFENSE
|
.08 or greater
|
1 year suspension
|
|
Within 7 years
|
Refusal
|
2 year revocation
|
|
THIRD OFFENSE
|
.08 or greater
|
3 year revocation
|
|
Within 7 years
|
Refusal
|
3 year revocation
|
|
FOURTH OFFENSE
|
.08 or greater
|
4 year revocation
|
|
Within 7 years
|
Refusal
|
4 year revocation
|
|
