Penalties for California DUI Cases

Penalties for California DUI Cases depend on the facts

Penalties for California DUI Cases depend on whether or not it is a first time DUI, second time DUI, third time DUI, or fourth DUI or beyond.  In Orange County DUI cases, over 97% of DUI cases last year were misdemeanors.  However, if someone was injured, that could make a DUI a felony.

Penalties for California DUI Cases by Priors

For a first time DUI, the range of punishment is from three years to five years probation, fines and fees from just under $2000, to over $5000 in fines and fees, zero jail time to six months maximum jail, and attendance at an alcohol school, which ranges from 3 months to 9 months, depending on the alcohol level.

For a second time DUI, the range of punishment is from three years to five years probation, fines and fees from just under $2000, to over $5000 in fines and fees, 48 hours jail time to one year (12 months) maximum jail, and attendance at an 18 month alcohol school.

For a third time DUI, the range of punishment is from three years to five years probation, fines and fees from just under $2000, to over $5000 in fines and fees, from 120 days minimum, to one year maximum jail, and attendance at an alcohol school of 18 or 30 months.  A third time offender also has a revocation of driving privileges for three years.

For a fourth time DUI, which is a felony, the range of punishment is from 16 months, up to to three years, in state prison, fines and fees from just under $2000, to over $5000 in fines and fees, and attendance at an alcohol school, as well as designation as a habitual traffic offender.

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