In California, the state has established that a BAC (Blood Alcohol Concentration) .08% or more is legally unfit for a person to operate a motor vehicle.
Therefore, if any of the tests conclude that the driver’s BAC is .08% or higher, they will be found to have driven under the influence.
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Under the California Vehicle Code, there are the minimum and maximum sentences established for a conviction in the offense of driving under the influence. As well, the DMV (California Department of Motor Vehicles) has its own pre-set implementation of license revocation or suspension in their finding of driving under the influence case.
The offenses are broken down into the last 10 years under the washout period. So if a DUI results within less than 10 years from the last DUI, it will be treated as a second offense.
First DUI Offense:
Jail Time: 48 hours to 6 months
Drug and Alcohol Programs: 3 months or 6 month
Fines: $390.00 to $1,000.00
License Suspended by Court: Courts Discretion (Mandatory in Class 1, 2, A, B licenses)
Probation: Yes
Or without probation, the options are:
Jail Time: 96 hours to 6 months
Drug and Alcohol Programs: 3 months or 6 month
Fines: $390.00 to $1,000.00
License Suspended by Court: Yes (6months)
Probation: No
Second DUI Offense:
There are several options for second DUI Offense in California:
Jail Time: 10 days to 1 year
Drug and Alcohol Programs: None
Fines: $390.00 to $1,000.00
License Suspended by Court: 2 years
Probation: Yes
Or:
Jail Time: 96 hours to 1 year
Drug and Alcohol Programs: 18 or 30 month program
Fines: $390.00 to $1,000.00
License Suspended by Court: Possible Restricted license
Probation: Yes
And without probation:
Jail Time: 90 days to 1 year
Drug and Alcohol Programs: None
Fines: $390.00 to $1,000.00
License Suspended by Court: 2 years
Probation: No
Third Offense:
Jail Time: 120 days to 1 year
Drug and Alcohol Programs: 18 or 30 month program
Fines: $390.00 to $1,000.00
License Suspended by Court: 3 years
Probation: Yes
No Probation:
Jail Time: 120 days to 1 year
Drug and Alcohol Programs: None
Fines: $390.00 to $1,000.00
License Suspended by Court: 3 years
Probation: None
Fourth Offense or More:
Jail Time: 180 days to 1 year
Drug and Alcohol Programs: 18 or 30 month program
Fines: $390.00 to $1,000.00
License Suspended by Court: 4 years
Probation: Yes
Without Probation:
Jail Time: 180 days to 1 year in County Jail or 16 months to 3 years in state prison
Drug and Alcohol Programs: None
Fines: $390.00 to $1,000.00
License Suspended by Court: 4 years
Probation: None
These are penalties imposed by the criminal courts in California. The actual penalties or judgment will vary on a case by case basis. For more information on the penalties imposed by the DMV on your license.
