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California DUI Penalties

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California DUI Penalties

WHAT ARE THE PENALTIES FOR DUI IN CALIFORNIA? 

Probably the most asked question relating to a DUI charge is: "What are the penalties?"The answer to this question can be a difficult one to answer in light of the fact that some counties in California treat DUI more harshly than others.  That being said, here are some of the statutory minimums in the State of California.

STATUTORY D.M.V. ADMINISTRATIVE SUSPENSION ACTIONS 

Under-21 With .01 Or Higher BAC

.08 Or Higher BAC

Refusal

DUI Probation .01 or Higher

No Prior Conviction Or Administrative Action Within 10 Years—Offense Date to Offense Date

One Year

After 30 days, “Critical Need”

Restriction Eligible SR-22

Four Months

After 30 days

Restriction Eligible Unless New Arrest SR-22

One Year

No Restriction

Eligibility

SR-22

N/A

One Prior Conviction and/or Administrative Action Within 10 Years—Offense Date to Offense Date

One Year

No Restriction

Eligibility

SR-22

One Year*

IID-Restriction

Eligibility After 90 Days*

SR-22

Two Years

No Restriction

Eligibility

SR-22

One Year IID-Restriction

Eligibility After 90 Days*

SR-22

Two or more Convictions and/or Administrative Actions Within 10 Years—Offense Date to Offense Date

One Year

No Restriction

Eligibility

SR-22

One Year** IID-Restriction

Eligibility After 180 Days**

SR-22

Three Years

No Restriction

Eligibility

SR-22

Two Years IID-Restriction

Eligibility After 180 Days

SR-22

No Prior Conviction Or Administrative Action Within 10 Years—Offense Date to Offense Date
Under-21 With .01 Or Higher BAC

One Year

After 30 days, “Critical Need”

Restriction Eligible SR-22

.08 Or Higher BAC

Four Months

After 30 days

Restriction Eligible Unless New Arrest SR-22

Refusal

One Year

No Restriction

Eligibility

SR-22

DUI Probation .01 or Higher

N/A



One Prior Conviction and/or Administrative Action Within 10 Years—Offense Date to Offense Date
Under-21 With .01 Or Higher BAC

One Year

No Restriction

Eligibility

SR-22

.08 Or Higher BAC

One Year*

IID-Restriction

Eligibility After 90 Days*

SR-22

Refusal

Two Years

No Restriction

Eligibility

SR-22

DUI Probation .01 or Higher

One Year IID-Restriction

Eligibility After 90 Days*

SR-22



Two or more Convictions and/or Administrative Actions Within 10 Years—Offense Date to Offense Date
Under-21 With .01 Or Higher BAC

One Year

No Restriction

Eligibility

SR-22

.08 Or Higher BAC

One Year** IID-Restriction

Eligibility After 180 Days**

SR-22

Refusal

Three Years

No Restriction

Eligibility

SR-22

DUI Probation .01 or Higher

Two Years IID-Restriction

Eligibility After 180 Days*

SR-22

DUI PENALTIES FOR INJURY ACCIDENTS IN CALIFORNIA 

If you cause injury to another while driving under the influence of alcohol and/or drugs, including driving under the influence of prescribed medications, the consequences and punishment changes dramatically. As you might expect, the worse the injury, the greater the consequences. 

If the injury is minor, you will be charged with misdemeanor DUI with injury under Vehicle Code § 23153(a)(b).  A more substantial injury will result in a felony charge of Vehicle Code § 23153(a)(b). 

If you inflicted great bodily injury, the special enhancement allegation under Penal Code §12022.7, which adds 3-6 years onto the sentence, will be added and it requires that you serve at least 85% of your jail or prison sentence instead of just 50%.

CONCLUDING REMARKS REGARDING DUI PENALTIES IN CALIFORNIA

If you are facing a first, second, third, fourth or even fifth or sixth DUI charge in California, take the time to consult the California DUI Lawyers of the Law Office of Barry T. Simons today for a free DUI Consultation and Case Evaluation.

FIRST OFFENSE DUI PENALTIES              PENALTIES FOR FIRST OFFENSE DUI

SECOND OFFENSE DUI PENALTIES         PENALTIES FOR SECOND OFFENSE DUI

THIRD OFFENSE DUI PENALTIES        PENALTIES FOR THIRD OFFENSE DUI

FOURTH OFFENSE DUI PENALTIES         PENALTIES FOR FOURTH OFFENSE DUI


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