DUI Penalties

Penalties -License Suspension

If you lose your DMV Hearing and there was not a refusal, you face the following license suspensions:

First Time DUI

– the DMV will suspend your license for a minimum of one month. After this one month suspension of your license, if you:-

1. Enroll in an alcohol class
2. File proof of insurance (SR-22, proof of financial responsibility)
3. And pay a DMV license reissue fee of $125

… then you are eligible to install an Ignition Interlock Device (IID) and obtain an IID-restricted driver license with unlimited driving privileges.  This applies to convictions in the four IID pilot counties of Los Angeles, Alameda, Sacramento and Tulare which occurred on or after July 1, 2010.

In summary, on a first time DUI in Los Angeles County, you cannot drive for 30 days if you lose your DMV hearing but after 30 days you can get an IID-restricted license with unlimited driving privileges.

Second Time DUI within 10 years

– the DMV will suspend your license for two years if you lose your DMV hearing.  NO DRIVING AT ALL IS ALLOWED FOR THE FIRST 90 DAYS. YOU ARE NOT EVEN ALLOWED TO DRIVE TO WORK.

People cannot believe the DMV will not allow a restricted license during this 90-day period but the law is brutal and merciless on second DUIs and your license will be suspended for two years – WITH NO DRIVING ALLOWED AT ALL for 90 DAYS by the DMV for a second time DUI.

After 90 days of no driving at all and installation of an ignition interlock device, you might be eligible for an IID-restricted license which would allow you to drive for work-related reasons.  The DMV will notify you if and when you are eligible to apply for a restricted license.

Note: The 90-day no-driving period applies if you were convicted of driving under the influence of alcohol only.  If you were convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, the period of no driving at all before you might be eligible for a restricted license is 12 months.

Third Time DUI within 10 years

– the DMV and the Court will attempt to revoke your license for three years so you cannot drive at all. After six months of no driving at all, you might be eligible for an IID-restricted license which would allow you to drive for work-related reasons, subject to certain conditions including, among other things:-

• Proof of enrollment in an 18-month or 30-month DUI Education program
• Installation of an ignition interlock device.

Note: The 6-month no-driving period applies if you were convicted of driving under the influence of alcohol only.  If you were convicted of driving under the influence of any drug or the combined influence of any drug and an alcoholic beverage, the period of no driving at all before you might be eligible for a restricted license is 12 months.

The DMV will notify you if and when you are eligible to apply for an IID-restricted license.

10 YEARS

• A misdemeanor DUI is on your criminal record and California DMV record for 10 years.
• The ten year time period begins on your arrest date (and not on your conviction date).
• After 10 years, the courts and DMV cannot use that DUI against you.
• A felony DUI is on your record for 10 years.

See also DUI Penalties and Laws FAQ

California DUI Laws

1. On a first time DUI, you do not face any jail time unless there is an aggravating circumstance.
2. On a second DUI, the law requires that you go to jail (local county jail) for a minimum of 96 hours.
3. On a third DUI within 10 years, the law requires that you go jail for a minimum of 120 days.
4. If you get a fourth DUI within 10 years, you face possible felony DUI charges and you can possibly be sentenced to state prison for a minimum of 16 months.

Read more about Jail Time for DUI

Woman in car blowing into Ignition Interlock Device

What is an IID?

An Ignition Interlock Device or IID is similar to a breathalyzer that is wired to your vehicle’s ignition.  It requires you to provide a breath sample before the engine will start. If the device detects alcohol on your breath, the engine will not start. As you drive, the device will beep periodically to request additional breath samples to ensure continued absence of alcohol in your system.

The Ignition Interlock Device Pilot program has been effective in Los Angeles County since 1 July 2010. Under the requirements of the program, you are required to install an IID for a minimum period of 5 months if this is your first DUI in 10 years.

IID Restriction Terms

During your IID restriction period, you cannot drive vehicles that are not equipped with a functioning IID. The term of the IID restriction period is based on the initial DUI offense and the number of DUI related offenses you have within the prior 10 years, as specified below:

A senate bill was passed in September 2016 which will modify these restrictions (the 5 month restriction period will become 6 months), but the bill will not take effect until January 1, 2019.

Read more about Ignition Interlock Devices

Misdemeanor DUI

Most DUI’s are filed as misdemeanors.

How long is a Misdemeanor DUI on your record?

• A misdemeanor DUI is on your criminal and DMV record for 10 years.
• After 10 years, the courts and DMV cannot use that DUI against you.
• The ten year time period begins on your arrest date.

Felony DUI

Penalties for Felony DUI

A felony is a more serious crime than a misdemeanor and carries much higher penalties.  In California, if you have 4 DUI’s within 10 years or you are involved in a serious accident and someone is hurt seriously you face a Felony DUI charge. You can be charged with a felony DUI even if a passenger in your car is hurt seriously.

Do you face jail time in California for a Felony DUI? – Yes.  Felony DUIs are very serious because you face the following penalties:-

• a minimum state prison sentence of 16 months
• and parole after your sentence.

How long is a Felony DUI on your record?

• A felony DUI is on your record for 10 years.

California is ridiculously tough on people who get a DUI within 10 years of another DUI.

You must realize that, on a second DUI, California Law wants to :-

• Put you in jail for 96 hours
• And SUSPEND your license for one year without driving at all; no driving, not even to work, on a second DUI.

Fixed DUI Costs

• Court Fine – minimum fine of approximately $2,000; If you want, the judge may allow you to do Cal Trans, Community Service, or Jail time instead of paying the fine.
• 3 month Alcohol Class – minimum cost of approximately $600 (more expensive if you have to take 6, 9 or 18 month class –  See DUI Education).
• Ignition Interlock devices cost about $60 to $80 per month, with an installation fee of $70 to $150.
• DMV license Reissue Fee – approximately $180.

In all, a minimum of about $2,780 in Fixed DUI Costs.

Additional Potential DUI Costs

• DUI Insurance Rates Increase – Your insurance premiums could go up over time.
• DUI Attorney fees.
• Accident fees if you are involved in an accident. You might have to pay for the damage you caused and also pay for ambulance, police or fireman services if emergency services are called to the accident scene. You face restitution payments to the victim and also a bill from the LAPD or the CHP for their time arresting you.
• Other potential DUI costs can include fees for impoundment, and an ignition interlock device.

If you get a total of:-

• 4 points in a year
• 6 points in 2 years
• or 8 points in 3 years

– then the DMV will try to suspend your license for 6 months for being a negligent operator, a driver with too many points.

Learn more about DUI points on your license

 Refusal Alert!

If you refused to take a breath test or blood test at the police station when you were arrested for DUI, even if you tried blowing into the breath machine, you face a one-year suspension of your license with absolutely no chance of getting a restricted license to drive to work during this suspension. If you have prior DUIs then you face a longer suspension also with no chance of getting a restricted license:-

• A 2-year revocation is imposed for a second offense (within 10 years)
• A 3-year revocation is imposed for a third or subsequent offense (within 10 years).

You must win your DMV hearing in all refusal cases to get your license back and avoid this strict punishment. The courts have no power over your license in refusal cases which means even if you go to trial and win, it will not affect your license status. You must win your DMV hearing to get your license back.

Implied consent law

California law says that anyone with a California license driving in the state of California has given their implied consent to taking a chemical test if a police officer suspects they have been drinking and driving.  If a police officer requests that you take a breath or blood test at the police station to determine your blood alcohol level, then you must take a test.

This means that if you are pulled over by a police officer and he thinks you have been drinking alcohol you get to choose but you must either take a breath test at the police station or submit to a blood test and give a sample of your blood to determine how much alcohol is inside your body. If a breath or blood test is not available, you must provide a urine sample. By having a license you have already consented to take this chemical test. (Unfortunately, no one knows about or understands this implied consent law.  See California Veh Code 23612).

Consequences of a refusal

If a police officer pulls you over and suspects you have been drinking and driving, and he says you must take a breath or blood test and you refuse to take a breath or blood test you face some very serious punishment for refusing to take a chemical test. By refusing to take a test, you face:-

• A one-year license suspension of your license with no chance for a restricted license to drive to work. That’s one year of no driving at all!
• In court, you also face greater punishment such as a 9-month DUI class instead of a 3-month DUI class normally ordered for a first-time DUI
• You possibly face 48 hours in jail for not taking a chemical test.

There have been cases where people have tried blowing into the breath machine and when no result is obtained, officers sometimes get impatient, accusing you of not blowing hard enough, and they say that you have refused to take a test without telling you that you face a 1-year license suspension and a minimum of 48 hours in jail from the court for refusing to take a test.

How to save your license

If the officer accuses you of refusing to take a test, the only way to save your license from being suspended for one year is to request a DMV hearing and to win this DMV hearing. You are entitled to a DMV hearing even if you refused to take a test. In a refusal case, the DMV has complete control of your license. This means even if you have a jury trial for your DUI and the jury finds you not guilty of the DUI it will not change the outcome of the DMV hearing concerning your refusal to take a test.

If you are being charged with a Refusal of a test by a police officer, you are facing a one-year suspension of your license and additional punishment in court.  It is imperative that you immediately request a DMV hearing to try and save your license from being suspended for one year.

Control of your license

The courts have no power over your license in refusal cases. The DMV hearing completely controls what happens to your license in a refusal case: if you win the DMV hearing your license will be returned and will not be suspended for one year. If you lose the hearing your license will be suspended for one year and you are not eligible for any restricted license that would allow you to drive to work. It is a one-year hard suspension allowing no driving at all not even to work.

So Refusal cases are very serious and you must get a DMV hearing to fight these allegations.

FAQ: What is an Aggravated DUI?

An Aggravated DUI is a DUI charge which involves:-

• Another offense in addition to driving under the influence of alcohol and/or drugs
• Or another factor such as an extremely high level of blood alcohol.

Such circumstances surrounding your DUI are called “Aggravating Circumstances”.

Learn more about Aggravated DUI & Aggravating Circumstances

When you are convicted of a DUI offense in Los Angeles County, the court may order you to complete an Alcohol and Drug Education and Counseling program provided by a state-licensed service provider.

To enroll in one of these programs, you must be referred, either by the court or the DMV.

Read more about DUI Drug and Alcohol Education Programs