DUI Court Penalties

II. DUI Enhancements:

DUI enhancements are statutory additions to the criminal complaint. The officer rarely adds them to the citation. It is the prosecutor who adds the enhancement. Unless the prosecutor agrees to strike (remove) the enhancement, they involve mandatory additional penalties.

23578 vc- Exessive Alcohol/Refusal

If a person arrested for DUI (23152) has an alcohol level of .15% or more or refused to give the officer a chemical test the court may extend the alcohol school to a 9 month course and add 48 hours or more jail.

23582 vc- Speed Enhancement

When associated with a DUI (23152) arrest, speeding 30 MPH over the freeway speed limit or 20 MPH over the surface street or highway speed limit- 60 days additional mandatory County jail.

23572 vc- Child under 14 in the car Enhancement

DUI arrest while driving with a 14 year old in the vehicle- 48 hours to 90 days extra jail.

Non-Injury Collision

While there is no crime called traffic collision, the prosecutor frequently uses a non-injury collision (even running off the road) as a way to add jail time to the offer to settle.

Injury Collision

As indicated in the 23153 vc penalty section, any injury makes the DUI case a felony.

GBI and Multiple Victims

There is additional prison time associated with DUI cases, that involve a collision, where someone other than the suspected DUI driver is seriously injured (GBI- Great Bodily Injury) or where there are multiple injured persons.

273(a) pc-Child Abuse

Arrested for DUI with any age child (under 18) in the vehicle. If alleged, this requires, probation, a fine, up to 1 extra year of jail and 52 parenting classes, but may be filed as a felony if the conduct is egregious.

Probation Violations:

When people get arrested for DUI, while on probation from a previous conviction of anything, they can violate a term of that probation.

The “Obey All Laws” provision. Essentially, only the County that placed you on probation for from a previous conviction can punish you

for violating. They can place you in jail up to the maximum penalty of the crime for which you are on probation. This is in addition to

the penalties associated with the pending DUI arrest.

Jail Alternatives:

In some instances and in some courts, jail may be negotiated away and in its place- Work Service supervised by the Sheriff or House Arrest,

which is also called Electronic Monitoring Program.

I. DUI Penalty Ranges:

It is important to understand that DUI (23152) does not have one penalty for all. California law

allows courts and prosecutors leeway to determine appropriate punishment, depending on the

facts of a case. This is why hiring an experienced law firm is so important. The penalty is negotiable.

First DUI (23152 vc within 10 years)

0-180 days jail
Alcohol Program
3-5 years probation
Fines $1,900-$4,500.00
Victim Restitution (collision)
License Suspension for 6 mo.
Additional Programs*

Second DUI (23152 vc within 10 years)

96 hours- 1 year jail
18 mo. Alcohol Program
3-5 years probation
Fines $1,900-$4,500.00
Victim Restitution (collision)
License Suspension for 1 yr.
Additional Programs*

Third DUI (23152 vc within 10 years)

120 days- 1 year jail
18 mo. Alcohol Program
3-5 years probation
Fines $1,900-$4,500.00
Victim Restitution (collision)
License Revoked 1-10 year(s)
Additional Programs*

Fourth DUI (23152 vc within 10 years)-a felony

180 days jail- 3 years prison
18 mo. Alcohol Program
3-5 years probation (if jail)
Fines $1,900-$4,500.00
Victim Restitution (collision)
License Revoked 1-10 year(s)
Additional Programs*

Fifth + DUI (23152 vc within 10 years)-a felony

18 mos. - 3 years prison
18 mo. Alcohol Program
Fines $200.00
Victim Restitution (collision)
License Revoked 1-10 year(s)
Additional Programs*

Any DUI (23152 vc) within 10 years of a prior felony DUI

18 mos. - 3 years prison
18 mo. Alcohol Program
Fines $200.00
Victim Restitution (collision)
License Revoked 1-10 year(s)
Additional Programs*

Any Injury DUI (23153 vc) within 10 years of a prior (felony)

18 mos.- 3 years prison
18 mo. Alcohol Program
Fines $200.00
Victim Restitution (collision)
License Revoked 1-10 year(s)
Additional Programs*

Additional Programs can include:

IID vehicle breath machine
SCRAM (alcohol monitor)
MADD Meeting
HAM Program
AA Meetings
Non-Profit Community Service
Cal-Trans physical Labor