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First DUI Offense | > Second
DUI Offense | Third DUI Offense
| Fourth DUI Offense
| VC §
23540 WITHOUT PROBATION |
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Jail:
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90 days to 1 year. |
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Fine:
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$390 to $1,000 plus assessment. |
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Treatment:
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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). |
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License:
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DMV will impose a 2-year suspension.
VC § 13352(a)(3).
Defendant must surrender license to court. |
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NOTE:
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The defendant may seek a restricted
license from the DMV if certain requirements are met, including
completion of at least 12 months of the suspension period, submitting
proof of enrollment or completion of a treatment program, proof
of financial responsibility, and payment of specified fees.
VC § 13352.5. 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 §
23540(b).
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.
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| VC §
23540 WITH PROBATION (See also, VC § 23600) |
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Jail:
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10 days to 1 year, or 96 hours to
1 year (96-hour term must be served in two continuous 48-hour
periods; 96 hours required if refusal to submit to test VC §
23577). |
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Fine:
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$390 to $1,000 plus assessment. |
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Treatment:
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Completion of an 18 (or 30) month
treatment program. 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. |
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License:
|
DMV will impose a 2-year suspension.
VC § 13352(a)(3).
Defendant must surrender license to court. |
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NOTE:
|
The defendant may seek a restricted
license from the DMV if certain requirements are met, including
completion of at least 12 months of the SB 38 Program, proof
of financial responsibility, and payment of specified fees.
VC § 13352.5. 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 §
23540(b).
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| Miscellaneous
Penalties |
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Restitution:
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Restitution fine of $100 - $1,000
and restitution to victim(s) or Restitution Fund. PC §
1202.4. |
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Impound:
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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. |
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Ignition Lock Device:
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May order installation of an ignition
interlock device as a condition of probation. VC § 23575(1).
(Note - DMV will notify the defendant of the possibility of
requesting an lID to get a restricted license after 12 months
of the suspension period. See VC § 13352(a)(3).)
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| Enhancements |
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Refusal:
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96 hours in county jail, whether
or not 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(i). |
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Commercial Vehicle:
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The DMV will prohibit a driver of
a commercial vehicle from operating a commercial vehicle ever
again if he or she is convicted of a second or subsequent DUI
violation. VC § 15302(a) and (b). |
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Defendant
(13-21 yrs):
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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.
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Defendant
(under 18 yrs):
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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. |
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Minor
Passenger
(under 14 yrs):
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10 days in county jail, whether or
not probation is imposed. VC §23572. |
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Excessive Speed:
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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. |
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Prior Felony Conviction(s):
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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.
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Prior
DUI Conviction
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More than 10 Years Ago, or
PC § 647(f)
Conviction
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Defendant must be ordered into an
alcohol or drug problem assessment program. VC § 23646(b)(3)(A). |
SECOND DUI OFFENSE WITH INJURIES IN 10 YEARS
VEHICLE CODE § 23153
| VC §
23560 WITHOUT PROBATION |
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Felony:
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16 months or 2 or 3 years in state
prison. PC§ 18. |
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Misdemeanor:
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120 days to 1 year in county jail. |
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Fine:
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$390 to $5,000 plus assessment. |
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Treatment:
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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). |
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License:
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DMV will impose a 3-year suspension.
VC § 13352(a)(4).
Defendant must surrender license to court.
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| VC §
23562 WITH PROBATION (See also, VC § 23600) |
| OPTION A: |
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Jail:
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A minimum of 120 days. |
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Fine:
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$390 to $5,000 plus assessment. |
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Treatment:
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None required; however, DMV will
not reinstate license until proof of completion of a treatment
program is received at its headquarters. VC §13352(a)(4). |
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License:
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DMV will impose a 3-year revocation.
VC § 13352(a)(4).
Defendant must surrender license to court. |
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OPTION B:
|
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Jail:
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30 days to 1 year. |
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Fine:
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$390 to $1,000 plus assessment. |
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Treatment:
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Completion of an 18 (or 30)-month
treatment program. 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 3-year revocation.
VC § 13352(a)(4).
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 § 12024. |
|
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 order installation of an ignition
interlock device as a condition of probation. VC § 23575(1).
(Note - DMV will notify the defendant of the possibility of
requesting an lID to get a restricted license after 18 months
of the suspension period. See VC § 13352(a)(3).)
|
| Enhancements |
|
Refusal:
|
96 hours in county jail, whether
or not 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(i). |
|
Commercial Vehicle:
|
The DMV will prohibit a driver of
a commercial vehicle from operating a commercial vehicle ever
again if he or she is convicted of a second or subsequent DUI
violation. VC § 15302(c) and (d). |
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Multiple Victims:
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On felony conviction, 1 year in state
prison per additional victim, 3- year maximum.
Victim = bodily injury or death. VC § 23558. |
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Defendant
(13-21 yrs):
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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):
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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. |
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Excessive Speed:
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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.
|
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Prior
DiLL Conviction
|
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More than 10 Years Ago, or
PC § 647(f)
Conviction
|
Defendant must be ordered into an
alcohol or drug problem assessment program. VC § 23646(b)(3)(A). |
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