 |
> First
DUI Offense | Second
DUI Offense | Third DUI Offense | Fourth DUI Offense
| Administrative Per Se License
Suspensions |
| First Offense |
.08 or greater |
4 month suspension |
| Refusal |
1 year suspension |
| Second Offense within 10 years |
.08 or greater |
1 year suspension |
| Refusal |
2 year revocation |
| Third Offense within 10 years |
.08 or greater |
3 year revocation |
| Refusal |
3 year revocation |
| Fourth Offense within 10 years |
.08 or greater |
4 year revocation |
| Refusal |
4 year revocation |
FIRST DUI OFFENSE VEHICLE CODE § 23152
| VC §
23536 WITHOUT PROBATION |
|
Jail:
|
96 hours to 6 months (48 hours are
continuous unless it interferes with work) |
|
Fine:
|
$390 to $1,000 plus assessment. |
|
Treatment:
|
None required; however, DMV will
not reinstate license until proof of completion of a treatment
program is received at its headquarters. VC§ 13352(a)(1). |
|
License:
|
DMV will impose a 6-month suspension.
CVC § 13352(a)(1). Defendant must surrender license to
court. |
|
NOTE:
|
The defendant may seek a restricted
license from the DMV if certain requirements are met, including
submitting proof of enrollment or completion of a treatment
program, proof of financial responsibility, and payment of specified
fees. VC §13352.4. However, if the court determines that
the person would present a traffic safety or public safety risk
if authorized to drive during the suspension period, the court
may disallow the issuance of a restricted license. VC 23536(d).
|
| VC §
23538 WITH PROBATION - (See also, VC § 23600) |
|
Jail:
|
May impose 48 hours to 6 months.
VC § 23538(a)(1). |
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Fine:
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$390 to $1,000 plus assessment. |
|
Treatment:
|
Completion of a 3-month treatment
program. However, if the defendant has a blood-alcohol content
of .20 percent or more, or refused a chemical test at arrest,
a 9-month treatment program is required. The court must advise
the defendant that the driving privilege will not be restored
until proof of successful completion of a program is received
at the DMV’s headquarters. . VC § 23538(b)(2). |
|
License:
|
DMV will impose a 6-month suspension.
VC § 13352(a)(1). Defendant must surrender license to court. |
|
NOTE:
|
The defendant may seek a restricted
license from the DMV if he submits proof of enrollment or completion
of a treatment program, proof of financial responsibility, and
payment of specified fees. VC §13352.4. However, if the
court determines that the person would present a traffic safety
or public safety risk if authorized to drive during the suspension
period, the court may disallow the issuance of a restricted
license, VC § 23538(a)(3).
VC § 23578: In addition to any other provision of this
code, if a person is convicted of a violation of Section 23152
or 23153, the court shall consider a concentration of alcohol
in the person’s blood of 0.15 percent or more, by weight,
or the refusal of the person to take a chemical test, as a special
factor that 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.
|
| Miscellaneous
Penalties |
|
Restitution:
|
Restitution fine of $100 - $1,000
and restitution to victim(s) or Restitution Fund. PC §
1202.4. |
|
Impound:
|
May order vehicle impounded for up
to 30 days. (Defendant must be the registered owner of the vehicle
used in the offense.) VC § 23594. |
|
Ignition Lock Device:
|
May require that the defendant install
an ignition interlock device for a period not to exceed 3 years.
The court must give heightened consideration to an lID order
if the defendants BAC was .20 % or more, if the defendant refused
a chemical test at arrest, or if he or she has two or more prior
moving traffic violations. VC § 23575.
|
| Enhancements |
|
Refusal:
|
48 hours in county jail is mandatory,
if probation is imposed. VC §23577. In addition, the DMV
will prohibit a driver of a commercial vehicle from operating
a commercial vehicle for one year upon a first refusal, or ever
again for a second or subsequent refusal. VC § 15300(a)(9),
15302(1). |
|
Commercial Vehicle:
|
The DMV will prohibit a driver of
a commercial vehicle from operating a commercial vehicle for
one year. VC § 15300(a)(1) and (2). |
|
Defendant
(13-21 yrs):
|
The court shall order an additional
1-year suspension or delay in issuance of license. Exception
based on critical need to drive. VC §13202.5.
|
|
Defendant
(under 18 yrs):
|
DMV shall revoke license (a) until
person turns 18, (b) for one year, or (c) for the duration of
any restriction, suspension, or revocation as specified in VC
§ 13352(a), whichever is longer. ye § 13352.3. |
|
Minor
Passenger:
|
48 continuous hours in county jail,
whether or not probation is imposed. VC § 23572. |
|
Excessive Speed:
|
Additional and consecutive 60 days
in jail if defendant’s speed exceeds the posted speed
limit by 30 or more miles per hour on a freeway, or 20 or more
miles per hour on any other street or highway and the driving
is reckless under VC § 23103. Treatment program is required
if probation is not granted. VC § 23582. |
|
Prior Felony Conviction(s):
|
Driver’s license will be revoked
by the DMV for four years pursuant to VC § 23550,5 if any
prior felony convictions are for a violation of VC §23152,
23153 or PC § 191.5 or 192(c)(1) or (3) within 10 years.
|
|
Prior
DUI Conviction
|
|
More than 10 Years Ago, or
PC § 647(t)
Conviction
|
Defendant must be ordered into an
alcohol or drug problem assessment program. If the program assessment
recommends additional treatment, the court may order 18-month
or 30-month program. VC § 23646(b)(3). |
FIRST DUI OFFENSE WITH INJURIES IN 10 YEARS
VEHICLE CODE § 23153
| VC §
23554 WITHOUT PROBATION |
|
Felony:
|
16 months or 2 or 3 years in state
prison. PC§ 18. |
|
Misdemeanor:
|
90 days to 1 year in county jail. |
|
Fine:
|
$390 to $1,000 plus assessment. |
|
Treatment:
|
None required; however, DMV will
not reinstate license until proof of completion of a treatment
program is received at its headquarters. VC § 13352(a)(3). |
|
License:
|
DMV will impose a 1-year suspension.
VC § 13352(a)(2).
Defendant must surrender license to court.
|
| VC §
23556 WITH PROBATION (See also, VC § 23600) |
|
Jail:
|
5 days to 1 year. |
|
Fine:
|
$390 to $1,000 plus assessment. |
|
Treatment:
|
Completion of a 3-month treatment
program. However, if the defendant has a blood-alcohol content
of .20 percent or more, or refused a chemical test at arrest,
a 9-month treatment program is required. The court must advise
the defendant that the driving privilege will not be restored
until proof of successful completion of a program is received
at the DMV’s headquarters. |
|
License:
|
DMV will impose a 1-year suspension.
VC § 13352(a)(2).
Defendant must surrender license to court. |
|
NOTE:
|
VC §23578: In addition to any
other provision of this code, if a person is convicted of a
violation of Section 23152 or 23153, the court shall consider
a concentration of alcohol in the person’s blood of 0.15
percent or more, by weight, or the refusal of the person to
take a chemical test, as a special factor that 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.
|
| Miscellaneous
Penalties |
|
Restitution:
|
Restitution fine of $100 to $1,000
for misdemeanors; $200 to $10,000 for felonies; and restitution
to victim(s) or Restitution Fund. PC § 1202.4. |
|
Impound:
|
Must order the vehicle impounded
for up to 30 days if the offense occurred within 5 years of
a prior Dill conviction, unless “interests of justice”
exception is found. (Defendant must be the registered owner
of the vehicle used in the offense.) VC § 23594. |
|
Ignition Lock Device:
|
May require that the defendant install
an ignition interlock device for a period not to exceed 3 years.
The court must give heightened consideration to an lID order
if the defendant’s BAC was .20 % or more, if the defendant
refused a chemical test at arrest, or if he or she has two or
more prior moving traffic violations. VC § 23575.
|
| Enhancements |
|
Refusal:
|
48 continuous hours in county jail,
whether or not probation is granted. VC § 23577. In addition,
the DMV will prohibit a driver of a commercial vehicle from
operating a commercial vehicle for one year upon a first refusal,
or ever again for a second or subsequent refusal. VC §
15300(a)(9), 15302(i). |
|
Commercial Vehicle:
|
The DMV will prohibit a driver of
a commercial vehicle from operating a commercial vehicle for
one year if convicted of a first DUI violation. VC § 15300(a)(3)
& (4). |
|
Multiple Victims:
|
On felony conviction, 1 year in state
prison per additional victim, 3-year maximum.
Victim = bodily injury or death. VC § 23558 or PC §
12022.7 GBI allegation |
|
Defendant
(13-21 yrs):
|
The court shall order an additional
1-year suspension or delay in issuance of license. Exception
based on critical need to drive. VC §13202.5.
|
|
Defendant
(under 18 yrs):
|
DMV shall revoke license (a) until
person turns 18, (b) for one year, or (c) for the duration of
any restriction, suspension, or revocation as specified in VC
§ 13352(a), whichever is longer. ye § 13352.3. |
|
Excessive Speed:
|
Additional and consecutive 60 days
in jail if defendant’s speed exceeds the posted speed
limit by 30 or more miles per hour on a freeway, or 20 or more
miles per hour on any other street or highway and the driving
is reckless under VC § 23103. Treatment program is required
if probation is not granted. VC § 23582. |
|
Prior Felony Conviction(s):
|
Driver’s license will be revoked
by the DMV for four years pursuant to VC § 23550,5 if any
prior felony convictions are for a violation of VC §23152,
23153 or PC § 191.5 or 192(c)(1) or (3) within 10 years. |
|
Prior
DiLL Conviction
|
|
More than 10 Years Ago, or
PC § 647(f)
Conviction
|
Defendant must be ordered into an
alcohol or drug problem assessment program. If the program assessment
recommends additional treatment, the court may order an 18-month
or 30-month program. VC § 23646(b)(3). |
First DUI Offense | Second
DUI Offense | Third DUI Offense
| Fourth DUI Offense
|
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