What are the Sentences for a First Offense DUI in California?

VC 23152 Court Sentencing/DMV Action Guidelines for the State of California

Effective July 1, 2010

First Offense VC 23578 BAC > .15 shall consider for possible enhanced penalties, granting probation, enhanced probation conditions (Excessive Blood Alcohol or Refusal to Take Chemical Test: Enhanced Penalties VC 23578. In addition to any other provision of this code, if a person is convicted of a violation of VC Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.)

Probation Granted /Mandatory Sentence

Court Sentencing includes:
Fines: $390 – $1000
Order First Offender Program
BAC < .20: Program 3 months or longer
BAC > 20 or refusal: Program 9 months or longer
Confiscate Driver’s License
VC 23538(b)(3) advisement (Court shall advise that the driving privilege shall not be restored until proof of completion of a H&SC 11836 approved DUI program has been received by DMV (VC Sec’s 23538(b)(3), 23542(c), 23548(d))

Probation Granted /Discretionary Sentence

Court Sentencing includes:
Jail: 48 hours to 6 months
Disallow issuance of a restricted drivers license
BAC > .15: may order IID
Presentence Investigation Report/ordered education or treatment plan

DMV Action includes:

Suspend for 6 months from date of conviction
Notify DL restriction eligible after 30 days of suspension, fees, proof of DUI Program enrollment, SR22 FR responsibilities
Suspend for 10 months if sentencing per VC 23538(b)

No Probation Granted/Mandatory and Discretionary Sentence

Court Sentencing includes:
Jail: 96 hours (48 hours continuous) to 6 months
Fine: $390-$1000
May order program attendance
May disallow issuance of a restricted drivers license

DMV Action includes:
Suspend license for 6 months from date of conviction Notify DL restriction eligible after 30 days of suspension, fees, proof of DUI Program enrollment, SR22 FR responsibilities, suspend for 10 months if sentencing per VC 23538(b)

For more information, please download this document.