What are DUI penalties in California?

California DUI law is governed by Vehicle Code §§ 23152 and 23153 and is among the most enforced in the country.

1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .01% for drivers under 21 (zero tolerance), and .04% for ride-share/Uber/Lyft drivers carrying passengers.

2. First Offense — Misdemeanor punishable by 48 hours to 6 months in county jail, a fine of $390-$1,000 (with penalty assessments often pushing total cost over $2,000), 6-month driver's license suspension, mandatory 3-month DUI school (or 9 months if BAC is .20+), and 5 years of informal probation.

3. Second Offense (within 10 years) — 96 hours to 1 year in jail, $390-$1,000 fine, 2-year license suspension (can be converted to restricted with IID after 90 days), and 18-30 months DUI school.

4. Third Offense (within 10 years) — 120 days to 1 year jail, $390-$1,000 fine, 3-year license revocation, designation as a Habitual Traffic Offender, and 30 months DUI school.

5. Fourth Offense or DUI with Injury — Can be charged as a felony under Vehicle Code § 23153 or § 23550, carrying 16 months to 4 years in state prison and a 4-year license revocation.

6. Implied Consent and Refusal — Refusing a post-arrest blood or breath test triggers a 1-year hard license suspension for a first offense, 2 years for a second, and 3 years for a third — separate from any criminal penalty.

7. Ignition Interlock Device (IID) — Required for all DUI convictions in California (SB 1046, effective 2019) for periods ranging from 6 months to 4 years depending on prior history.

8. Aggravating Factors — BAC .15+ adds enhanced DUI school; BAC .20+ adds extra jail and longer school; refusal adds 48 hours jail; child passenger under 14 adds a Vehicle Code § 23572 enhancement (48 hours additional jail for a first offense).

This is legal information, not legal advice.