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Daigneault, Abel & Daigneault

CALIFORNIA CRIMINAL AND DEPARTMENT OF MOTOR VEHICLE PENALTIES
FOR DRIVING UNDER THE INFLUENCE

CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
(VEHICLE CODE SECTION 23152)


OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION

FIRST Offense within 7 years Two options, both requiring attendance at an alcohol/drug program, a fine of $390 to $1000, plus either: (A) 48 hours to 6 months in jail; or (B) a 90-day license restriction. Under option (A), the Court may also suspend your license for 6 months. Under either option, your license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. 96 hours to 6 months in jail, $390 to $1000 fine, and a 6 month license suspension.

SECOND Offense within 7 years Two options, both carrying a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail and an 18-month license suspension; or (B) 48 hours to 1 year in jail, an 18-month or 30-month alcohol/drug program, and a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 18 months if the offense occured in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for up to 3 years. 90 days to 1 year in jail, $390 to $1000 fine, and an 18-month license suspension.

THIRD Offense within 7 years 120 days to 1 year in jail, $390 to $1000 fine, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 120 days to 1 year in jail, $390 to $1000 fine, and a 3-year license revocation.

FOURTH or Subsequent Offense within 7 years 180 days to 1 year in jail, $390 to $1000 fine, a 4 year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine, and a 4-year license revocation.

DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS


FIRST OFFENSE .08 or greater 4 month suspension
Refusal 1 year suspension

SECOND OFFENSE .08 or greater 1 year suspension
Within 7 years Refusal 2 year revocation

THIRD OFFENSE .08 or greater 3 year revocation
Within 7 years Refusal 3 year revocation

FOURTH OFFENSE .08 or greater 4 year revocation
Within 7 years Refusal 4 year revocation

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