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Penalties for DUI in California

DUI and DUI resulting in harm to another have differing penalties and punishments.

For a normal DUI, a first drunk driving conviction will result in a minimum of 96 hours in jail; at least 48 hours shall be continuous, or a maximum of six (6) months in jail. The motorist is also fined not less than $360 and not more than $1000. Finally, the motorist is required to surrender her license for the next six (6) months. Motorist’s license is reinstated only after successful completion of a driving-above-the-influence program.

If the motorist is convicted a second time, within ten (10) years of the first conviction , she shall serve not less than 90 days in jail but not more than one (1) year in prison. The motorist is also fined not less than $390 and not more than $1,000. Motorist’s license is revoked for two (2) years and shall not be reinstated until the motorist successfully completes a driving-under-the-influence program. The motorist may apply for a restricted driver license but the court may require an ignition interlock device to be installed in the car.

If the motorist is convicted a third time, within ten (10) years of the two previous conviction, she shall serve not less than 120 days but not more than 1 year in prison. The motorist is also fined not less than $390 and not more than $1,000. The motorist license is revoked for three (3) years and shall not be reinstated until the motorist successfully completes a driving-under-the-influence program. The motorist may apply for a restricted driver license after one (1) year. If such license is obtained, an ignition interlock device will be installed in the vehicle. Finally, the motorist will be labeled a “Habitual Offender.”

If the motorist is convicted for four or more times, within ten (10) years of the three or more conviction, she shall serve not less than 180 days but not more than 1 year in prison. Motorist is also fined not less than $390 and not more than $1,000. The motorist license is revoked for four (4) years and shall not be reinstated until the motorist successfully completes a driving-under-the-influence program. The motorist may apply for a restricted driver license after one (1) year. If such license is obtained, an ignition interlock device will be installed in the vehicle.

For a DUI resulting in harm to another, a first conviction will result in imprisonment for not less than 90 days but not more than one (1) year. Motorist is also fined not less than $390 and not more than $1,000. Motorist’s license is revoked for one (1) year and shall not be reinstated until the motorist successfully completes a driving-under-the-influence program.

If the motorist is convicted a second time, within ten (10) years of the previous conviction, she shall serve not less than 120 days but not more than one year in prison. Motorist is also fined not less than $390 and not more than $1,000. Motorist’s license is revoked for three (3) years and shall not be reinstated until the motorist successfully completes an 18 months driving-under-the-influence program. After 12 months of participating in the driving under the influence program, motorist may apply for a restrictive driver license. If such license is obtained, an ignition interlock device shall be installed in the motorist’s vehicle.

If the motorist is convicted three or more times, within ten (10) years of the previous two or more convictions, she shall be imprisoned for two, three, or four years. Motorist is also fined not less than $1,015 but not more than $5,000. Motorist’s license is revoked for five (5) years and shall not be reinstated until the motorist successfully completes a 30 months driving-under-the-influence program. After 12 months of the driving-under-the-influence program, motorist may apply for a restrictive driver license. If such license is obtained, an ignition interlock device shall be installed in the motorist’s vehicle.


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