DUI Law | DUI Penalties



Driving under the influence carries heavy penalties in California, which only get worse if you become a repeat offender. 

For a first DUI offense you could receive penalties of up to six months in jail (minimum of 48 hours required), a six month license suspension, a three to five year summary probation, a three to nine month DUI education program, and an imposed fine up to $1000 plus additional court fees and costs for a total of $1400-$2600 in fines and penalties. 

For a second DUI offense within ten years of a first DUI, you could receive penalties of up to one year in jail (minimum of 96 hours required), a two year license suspension, installation of an ignition interlock device on your vehicle, a three to five year summary probation, an eighteen to thirty month DUI education program, and an imposed fine of up to $1000 plus additional court fees and costs for a total of $1800-$2800 in fines and penalties. 

For a third DUI offense within ten years of a second DUI, you could receive penalties of up to one year in jail (minimum of 120 days required), a three year license suspension, installation of an ignition interlock device on your vehicle, a three to five year summary probation, a thirty month DUI education program, and an imposed fine of up to $1000 plus additional court fees and costs for a total of $1800-$18000 in fines and penalties, and designation as a "habitual traffic offender" (HTO) with the DMV.

If you receive a fourth DUI, it will be charged as a felony DUI based on multiple prior convictions. The consequences for a felony DUI are serious and penalties could include but are not limited to sixteen months to four years in prison, a four year license revocation, and court fees and fines. 

The blood alcohol concentration limits are 0.08% for most drivers, 0.04% for commercial driver license holders, and 0.01% for those younger than 21 years  or on DUI probation. 

If you have been stopped for your first, second, third, or fourth DUI, you only have ten days to request a DMV hearing for a chance to fight the automatic DMV license suspension. Contact the Law Offices of Lucy Zheng immediately so that we can request and represent you at the hearing and aggressively fight for the best possible outcome in your DUI case.