California DUI Penalties by Offense Level (2025 Guide)

If you or a loved one is facing DUI charges in California, understanding the penalties by offense level is crucial. Whether it’s a first-time offense or a felony DUI with injury, the consequences are serious — but with the right legal support, they can be managed or even avoided. In this 2024 guide, we break down DUI penalties in California by offense level, explain how long convictions stay on your record, and highlight why hiring an experienced Los Angeles DUI attorney could make all the difference.

How DUI Penalties Are Determined in California

DUI charges are not one-size-fits-all. The penalties largely depend on three factors:

• Number of prior DUI convictions in the past 10 years
• Whether anyone was injured or killed in the incident
• Whether the DUI is charged as a misdemeanor or felony

Under California Vehicle Code VC 23152, most first, second, and third DUIs are misdemeanors. However, prosecutors can file felony charges if any of the following apply:

• It’s your 4th DUI within 10 years
• You have a prior felony DUI conviction
• Your DUI caused injury or death to another person

🔹 Note: DUI convictions stay on your DMV record for 10 years from the offense date. Any DUI older than that won’t count as a prior.

Can DUI Penalties Be Reduced or Avoided?

Yes. If you act fast, many DUI penalties can be reduced - or dismissed entirely.

A top-rated Los Angeles DUI lawyer can:

• Request a DMV hearing within 10 days to stop automatic license suspension
• Fight BAC results and field sobriety tests
• Negotiate to reduce charges to a "wet reckless" or lesser offense

Financial Impact: DUI fines range from $390 to $5,000 - but after penalty assessments, court fees, DUI school, and insurance hikes, the total can reach $18,000.

First DUI in California

• Charge: Misdemeanor
• Jail: Up to 6 months
• Fines: $390–$1,000 + assessments (~$3,600 total)
• License Suspension: 6 months (court) + 4 months (DMV)
• IID Requirement: 6 months
• DUI School: 3 months (or 9 months for BAC ≥ 0.20%)
• Probation: 3 to 5 years

Learn more about First DUI Defense in California

Second DUI in California

• Charge: Misdemeanor
• Jail: Up to 1 year
• Fines: Up to $4,000 total
• License Suspension: 2 years
• Restricted License: After 90 days (1 year for drug DUIs)
• IID Requirement: 1 year
• DUI School: 18 or 30 months

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Third DUI in California

• Charge: Misdemeanor (can be felony in some cases)
• Jail: Up to 1 year or 16 months in state prison
• Fines: Up to $18,000 total
• License Suspension: 3 years
• Restricted License: After 6-month hard suspension
• IID Requirement: 2 years
• DUI School: 30 months

Fourth or Felony DUI (VC 23153)

• Charge: Felony
• Jail/Prison: 16 months to 3 years in state prison
• Fines: $1,015–$5,000 (up to $18,000 with assessments)
• License Suspension: 4 years or permanent
• IID Requirement: 3 years (if eligible)
• Probation: 3 to 5 years
• DUI School: 30 months

DUI with Injury (Vehicle Code 23153 VC)

This is a "wobbler" offense — meaning it can be charged as a misdemeanor or felony.

Penalties may include:

• Jail/Prison: Up to 1 year (misdemeanor), or 2–16 years (felony)
• Fines: $390 to $5,000
• Restitution: Required for injured victims
• License Suspension: Up to 5 years
• IID Requirement: Up to 3 years

DUI Resulting in Death: Watson Murder

If a driver kills someone while DUI and has prior convictions or signed a Watson Advisement, prosecutors may file second-degree murder (PC 187) charges.

In People v. Watson (1981), the CA Supreme Court ruled a driver could be charged with murder for willful disregard of human life after a prior DUI.

Penalties for DUI murder:

• Prison: 15 years to life
• Felony Record: Yes

Commercial Driver DUI Penalties

• Legal BAC Limit: 0.04%
• 1st DUI: 1-year CDL suspension
• 2nd DUI: Lifetime CDL ban
• No restricted license available for commercial drivers

Commercial drivers face stricter DUI laws, even when not driving a work vehicle.

The legal blood alcohol content (BAC) level for commercial drivers is set by the Federal Motor Carrier Safety Administration (FMCSA) at 0.04%, not the 0.08% standard for other drivers. Even when you feel totally sober, it is simple to blow 0.04%, so CDL holders need to exercise extreme caution. 

According to FMCSA rules, failing a blood alcohol test is the same as entering a guilty plea to DUI, and your driver's license will be suspended or revoked. 

Commercial drivers are subject to all of the aforementioned penalties, plus the following additional sanctions: 

• Your commercial driver's license will be suspended for a full year if you have your first DUI. 
• Your CDL will be permanently revoked for life if you have a second DUI. 
• CDL holders are not eligible for any limited driving privileges that would prevent them from driving for work. You will therefore no longer be able to operate as a commercial driver. 
• After a DUI conviction, the employer must be notified within 30 days. 

Commercial drivers may be imprisoned for three years or longer, depending on the specifics of the infraction, if it takes place when they are driving a commercial truck carrying hazardous items. 

Facing a DUI in California is overwhelming. The penalties are serious, but a conviction isn’t automatic. With fast action and the right DUI defense lawyer, you may be able to fight the charges, save your license, and avoid jail.

For personalized legal advice, reach out to our experienced California DUI defense attorneys today.

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References :

[1] https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/driving-under-the-influence-age-21-and-older-ffdl-35/

[2] https://www.dhcs.ca.gov/individuals/Pages/DUI_Programs.aspx

[3] https://en.wikipedia.org/wiki/Vehicular_homicide

[4] https://www.fmcsa.dot.gov/regulations

[5] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23153.&lawCode=VEH