DUI PUNISHMENTS – WITH AND WITHOUT PRIORS

In California, the potential consequences of a DUI conviction are directly related to the number of prior DUI or Wet Reckless convictions a person has. The following is a reference chart displaying the potential consequences of a first, second, third, and fourth DUI conviction. This chart is not legal advice and was designed merely to educate about some of the potential consequences of a DUI conviction. If you are being prosecuted for a crime, it is imperative you speak with a lawyer, like those at Manshoory Law, APC, who can advise of you of the potential risks to your freedom, your finances, and your good name.

FIRST DUI CONVICTION (Misdemeanor)

Reject Probation VC23536

• 4 days county jail minimum / 6 months county jail maximum
• $390-$1000 + penalties and assessments ((Approximately $2100))
• license suspended

Accept Probation VC23538

• 2 days county jail minimum /6 months county jail max
• $390-$1000 + penalties and assessments ((Approximately $2100))
• DUI school (3, 6, or 9 months long depending on BAC)
• Los Angeles County, install an ignition interlock device (car breathalyzer)

SECOND DUI CONVICTION (Misdemeanor)

Reject Probation VC 23540

• 90 day minimum county jail /1 year maximum county jail
• $390-$1000 + penalties and assessments ((Approximately $2100))
• license suspended (and court may make determination that you can’t get a restricted license

Accept Probation 23542

• 10 day county jail minimum/ 1 year county jail maximum
• $390-$1000 + penalties and assessments ((Approximately $2100))
• 1 year license suspension
• install an Ignition Interlock Device, all counties in California
• 18 month DUI School/30 month DUI school at judges discretion

THIRD DUI CONVICTION (Misdemeanor)

Reject Probation VC 23546

• 120 days county jail minimum/1 year county jail maximum
• $390-$1000 + penalties and assessments ((Approximately $2100))
• “Habitual Traffic Offender” Designation (affects insurance and may lead to other criminal prosecutions related to your status as a habitual traffic offender)
• revoke driver’s license

Accept Probation VC 23548

• 120 days county jail minimum/1 year county jail maximum
• $390-$1000 + penalties and assessments ((Approximately $2100))
• “Habitual Traffic Offender” Designation (affects insurance and may lead to other criminal prosecutions related to your status as a habitual traffic offender)
• revoke driver’s license
• 30 month DUI school

FOURTH OR HIGHER DUI CONVICTION (Felony)

• 180 day county jail minimum and up to 3 years state prison