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CALIFORNIA PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

DMV PENALTIES UNDER THE INFLUENCE

1st offense
4 month license suspension beginning 30 days from the date of arrest

2nd or subsequent offense
12 month license suspension beginning 30 days from the date of arrest

Refusal - 1st offense
1 year suspension

Refusal with prior conviction
2 years suspension

Minor (under 21) BAC .01
(zero tolerance)
year suspension

Note**
If you do not set a hearing date within 10 days of your arrest, you may have waived your right to a hearing. Further, if the hearing ia not set within 10 days of your arrest, you will not be eligible for a stay (i.e., a valid license until your hearing is conducted) on the suspension of your license.

REINSTATEMENT OF LICENSE:
IN ORDER TO OBTAIN A RESTRICTED LICENSE AFTER AN ADMIN PER SE SUSPENSION OR REINSTATEMENT OF YOUR LICENSE, YOU MUST:

1) File an "SR22" proof of insurance certificate with the DMV, and keep it on file for a period of three years;

2) Pay a $100.00 reissue fee to the DMV;

3) File proof of enrollment (for restricted license) and /or completion of the First Offender or Multiple Offender Alcohol Program (for reinstatement of license).

SENTENCES FOR DRIVING UNDER THE INFLUENCE
OF ALCOHOL AND/OR DRUGS

Offense (Sections 23152)
Minimum and Maximum Sentences When Probation is Granted (3-5 Years)
Without Probation

1st offense
CVC 23161
Two Options: Both requiring attendance at an alcohol/drug program
A) 48 hours to 6 months in jail; and $390 to $1,000 fine, plus penalty assessments; plus six (6) months license suspension as of July 1, 1999.

B) A 90 day license restriction allowing driving to and from within the scope of work, school, and fine of $390 to $1,000 plus penalty assessments.
96 hours to 6 months in jail; $390 to $1000 fine plus (170%) county penalty assessments; and a month license suspension. CVC 23160

Under either option, license shall be suspended for six (6) months if the offense occurred in a vehicle which requires a Class A or B license (commercial).

2nd Offense
Within 7 Years
CVC 23166
Two Options:
A) 10 days to 1 year in jail; in jail; $390 to $390.00 to $1,000 fine plus penalty assessments; and an 18 month license suspension (be advised license suspension. that the 12 month multiple offender alcohol program must be completed before you ever receive a driver's license from the Department of Motor Vehicles); or

B) 48 hours to 1 year in jail; $390 to $1,000 fine plus penalty assessments; and an 18 month alcohol program; and a 1 year license restriction allowing driving to and from within the scope of work, school and alcohol programs only.
90 days to 1 year in jail; $390 to $1,000 fine; plus penalty assessments; and an 18 month license suspension (License will not be reinstated until completion of the 18 month multiple offender alcohol program and proof of insurance has been provided to the Department of Motor Vehicles.)

Within 10
Years
CVC 23195.5
Felony (Habitual
Traffic Offender)
If the prior conviction of 23152 was punished as a felony under Section 23175 or if the prior was a felony violation of VC 23153 (DUI causing injury), new offense can be charged as a felony and is punishable as follows:

Option A: Up to one year in the county jail; $390 to $1,000.00 fine; or

Option B: 16 months to 2 or 3 years state prison.

3rd Offense
Within 7 Years
CVC 23166
* 120 days to 1 year in jail; $390 to $1,000 fine plus penalty assessment; a 3 year license revocation; and the 18 month multiple offender alcohol program.

* New - VC 23176 Minimum period of incarceration is reduced to 30 days in jail, if person requests and judge orders a person into specific alcohol programs. Also see Health and Safety Code Section 11837.4(a).
120 days to 1 year in jail; $390 to $1,000 fine; 3 year license revocation. License will not be reinstated until the completion of the 18 month multiple offender alcohol program and proof of insurance (SR22) is filed with the Department of Motor Vehicles. CVC 23170

4th or Subsequent Offense (may be charged as a felony or misdemeanor)
Within 7 Years
CVC 23176
180 days to 1 year in jail; $390 to $1,000 fine plus penalty assessment; a 4 year license revocation; and an 18 month multiple offender alcohol program.

* New - see 3rd offender information, supra, for participation in 30 month alcohol program. CVC 23176 (c) (Stats.-1987)
16 months, or 2-3 years in state prison, or 180 days to 1 year in jail; $390 to $1,000 fine plus penalty assessments; 4 year license revocation; and completion of an 18 month multiple offender alcohol program for reinstatement of license IMpound car at owner expense for up to 90 days. CVC 23175

SENTENCES FOR DRIVING UNDER THE INFLUENCE
OF ALCOHOL AND/OR DRUGS
CAUSING BODILY INJURY

(Section 23152, filed or reduced to a misdemeanor)

Offense(Sections 23153)
Minimum and Maximum Sentences
with Probation Without Probation

1st offense
CVC 23181
5 days to 1 year in jail; $390 to $1000 fine plus penalty assessments; a 1 year mandatory license suspension; and court approved alcohol/drug program. 90 days to 1 year in jail; $390 to $1000 fine plus penalty assessments; and a 1 year mandatory license suspension; CVC 23180



2nd offense
Within 7
Years
CVC 23186
Two Options:
A) 30 days to 1 year in jail; $390 to $1000 fine plus penalty assessment or both; 1 year suspension followed by a restricted license (allowing driving for work and alcohol program) for an additional 2 years; and an 18 month multiple offender alcohol program;


B) 120 days to 1 year in jail; $390 to $5000 fine plus penalty assessments; and 3 year license revocation.
120 days to 1 year in jail; $390 to $5000 fine plus penalty assessments; and a 3 year license revocation. License will not be reinstated until completion of the 18 month multiple offender alcohol program and proof of insurance has been provided to the department of Motor Vehicles.



3rd or subsequent
Within 7
Years
CVC 23191
30 days to 1 year in jail; $390 to $5000 fine plus penalty assessment; restitution or reparation pursuant to Penal Code 1203.1; license revocation for 5 years; and completion of an 18 month multiple offender alcohol program. License will not be reinstated until proof of ability to respond in damages and no grounds exist which would authorize refusal of license 2,3 or 4 years in state prison; $1,015 to $5000 fine plus penalty assessments; and license revocation for 5 years. CVC 23190



In addition to the above penalties imposed by the court, there may be additional consequences. A conviction for Driving Under the Influence is public record and frequently is used by insurance companies in determining rates. Further, the California Department of Motor Vehicles may conduct their own hearings and impose their own penalties.


New Penalty for Driving on Suspended License (V.C. 14607.6)

Be advised that the police can now "impound" your vehicle for up to 30 days, if you are stopped for driving on a suspended license with no prior convictions. If you have one or more priors, the police can "forfeit" or sell your vehicle and keep the proceeds of the sale.