- First Offence - Driving Under The Influence
- Second Offence - Driving Under The Influence
- Third Offence - Driving Under The Influence
- Fourth Offence - Driving Under The Influence
- Wet And Reckless - Driving Under The Influence
- Check Your BOC
- DUI Sentencing Consequences Chart
VEHICLE CODE VIOLATION |
MINIMUM SENTENCE |
MAXIMUM SENTENCE |
23152(a) or (b)* |
If probation granted, either option A) or B) may be imposed:
Without probation: 96 hours in jail, a fine of $390 and driver’s license will be suspended for 6 months * Commercial driver’s license shall be suspended for 12 months if the offense occurred in a vehicle requiring a class A or B driver’s license |
6 months jail and $1,000 fine; driver’s license suspended for 6 months |
23152(a) or (b)* - within 10 years of one prior conviction for 23152, 23153 or 23103 per VC 23103.5 |
If probation granted, either option A) or B) may be imposed:
Without probation: 90 days in jail, a fine of $390 and driver’s license will be suspended for 24 months * Commercial driver’s license shall be revoked for life if the offense occurred in a vehicle requiring a class A or B driver’s license |
1 year jail and $1,000 fine; driver’s license suspended for 24 months |
23152(a) or (b) – within 10 years of two prior convictions for 23152, 23153 or 23103 per VC 23103.5 |
If probation granted: 120 days in jail, a fine of $390, driver’s license revoked for 3 years, habitual traffic offender designation for 3 years and an 18 month alcohol/drug program, if not previously completed Without probation: 120 days in jail, a fine of $390, driver’s license revoked for 3 years and habitual traffic offender designation for 3 years |
1 year jail and $1,000 fine; driver’s license revoked for 3 years; habitual offender designation for 3 years |
23152(a) or (b) – within 10 years of three prior convictions for 23152, 23153 or 23103 per VC 23103.5 |
If probation granted: 180 days in jail, a fine of $390, driver’s license revoked for 4 years, habitual traffic offender designation for 3 years and an 18 month alcohol/drug program, if not previously completed Without probation: 180 days in jail, a fine of $390, driver’s license revoked for 4 years and habitual traffic offender designation for 3 years |
1 year jail and $1,000 fine; driver’s license revoked for 4 years; habitual offender designation for 3 years |
23153(a) or (b) |
If probation granted: 5 days in jail, a fine of $390, driver’s license suspended for 1 year and attendance at an alcohol/drug program Without probation: 90 days in jail, a fine of $390 and driver’s license revoked for 3 years |
1 year jail and $5,000 fine; driver’s license revoked for 3 years |
23153(a) or (b) – within 10 years of one prior conviction for 23152, 23153 or 23103 per VC 23103.5 |
If probation granted, either option A) or B) may be imposed:
Without probation: 120 days in jail, a fine of $390 and driver’s license revoked for 3 years |
1 year jail and $5,000 fine; drier’s license revoked for 3 years |
23103 pursuant to V.C. 23103.5* * This conviction will serve as a prior DUI conviction if I commit one or more DUI offenses within 10 years |
If probation granted: participation in an alcohol and drug treatment program If probation not granted: 5 days in jail and a fine of $145 |
190 days in jail and $1,000 fine |
| DRIVING UNDER THE INFLUENCE ENHANCEMENTS | INCREASE IN PUNISHMENT |
Willful refusal to submit to or to complete a blood-alcohol chemical test (V.C. 23577) |
First offense of V.C. 23152 – 48 hours in jail added to any other sentence Second offense of V.C. 23152 – 96 hours in jail added to any other sentence Third offense of V.C. 23152 – 10 days in jail added to any other sentence Fourth or subsequent offense – 189 days in jail added to any other sentence First offense of V.C. 23153 – 48 hours in jail added to any other sentence Second offence of V.C. 23153 – 96 hours in jail added to any other sentence |
Driving a vehicle 30 or more miles per house over the speed limit on a freeway in a reckless manner OR driving a vehicle 20 or more miles per hour over the speed limit on any street or highway in a reckless manner (V.C. 23582) |
60 days in jail in addition to any other sentence |
One or more passengers in the vehicle was a minor under the age of 14 years (V.C. 23572) |
First offense of V.C. 23512 – 48 hours in jail added to any other sentence Second offense of V.C. 23512 – 10 days in jail added to any other sentence Third offense of 23512 – 30 days in jail added to any other sentence Fourth or subsequent offenses – 60 days in jail added to any other sentence |
VEHICLE CODE VIOLATION |
FIRST OFFENSE |
SECOND OR SUBSEQUENT OFFENSE |
14601.3(a) |
30 days jail and $1,000 fine |
If within 7 years of prior conviction of 14601.3(a) 180 days jail and a fine of $2,200 |
VEHICLE CODE VIOLATION |
MINIMUM SENTENCE |
MAXIMUM SENTENCE |
14601(a) |
5 days jail and $300 fine |
6 months jail and $1,000 fine |
14601(a) – within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5 |
10 days jail and $500 fine 10 days jail required if probation granted |
1 year in jail and $2,000 fine |
14601.1(a) or (b) |
$300 fine |
6 months jail and $1,000 fine |
14601.1(a) or (b) within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5 |
5 days jail and $500 fine |
1 year jail and $2,000 fine |
14601.2(a) or (b) |
10 days jail, $300 fine and ignition interlock device 10 days jail required if probation granted and ignition interlock device |
6 months jail and $1,000 fine |
14601.2(a) or (b)* within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5 |
30 days jail, $500 fine and ignition interlock device 30 days jail required if probation granted and ignition interlock device * If I was designated as a habitual traffic offender within three years of this conviction, I will serve an additional 180 days jail and pay a fine of $2,000 |
1 year jail and $2,000 fine |
14601.2(a) or (b) within 7 years but over 5 years, from a prior conviction for 14601, 14601.1, 14601.2 or 14601.5 |
10 days jail, $300 fine and ignition interlock device 10 days jail required if probation granted and ignition interlock device |
6 months jail and $1,000 fine |
14601.5(a) or (b) |
$300 fine |
6 months jail and $1,000 fine |
14601.5(a) or (b) – within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5 |
10 days jail and $500 fine |
1year jail and $1,000 fine |
20002(a) |
None required under the statue |
6 months jail and $1,000 fine |
12500(a) |
None required under the statue |
6 months jail and $1,000 fine |
DON’T HESITATE – CALL OR EMAIL US NOW!
Orange County Law Offices of Stull & Stull
Criminal Defense Attorney
15615 Alton Parkway suite 450
Irvine, Ca. 92618
Phone: 877-815-7421
Fax: 949-271-6486
Email: info@expungecriminalrecordcalifornia.com

