---
title: "California DUI Penalty Estimator"
description: "Estimate the statutory penalty range for a California DUI based on offense number, blood alcohol concentration, and aggravating factors."
url: "https://www.thehfirm.com/tools/dui-penalty-estimator"
site: "H Law Group"
---

# California DUI Penalty Estimator

Estimate the statutory penalty range for a California DUI based on offense number, blood alcohol concentration, and aggravating factors.

## What this tool does

1. Select the offense number -- first, second, third, or a felony DUI.
2. Enter the alleged blood alcohol concentration and any aggravating facts such as a refusal, a minor in the vehicle, or an injury allegation.
3. The tool returns the statutory exposure range for fines, license suspension, jail, and DUI program length.

## Inputs it asks for

- Offense number (1st, 2nd, 3rd, or felony)
- Alleged blood alcohol concentration
- Whether a chemical test refusal was alleged
- Whether a minor was in the vehicle
- Whether injury was alleged

## Limitations

Output is statutory exposure, not a prediction. What a court actually imposes depends on the county, the assigned judge, the strength of the evidence, and what a defense attorney negotiates. Nothing here is legal advice about a specific case.

## Frequently asked questions

### Is a first-offense California DUI a misdemeanor?

Usually yes. A first DUI is normally charged as a misdemeanor under Vehicle Code sections 23152(a) and 23152(b). It can be charged as a felony if the incident involved injury to another person or if there are prior felony DUI convictions.

### Does a high BAC change the penalties?

Yes. A blood alcohol concentration of 0.15% or higher, and especially 0.20% or higher, commonly triggers an enhanced sentencing recommendation and a longer DUI program, even on a first offense.

### How long does a DUI stay on a California record?

A DUI conviction counts as a prior for sentencing purposes for 10 years from the date of the offense. On a criminal record it remains indefinitely unless it is dismissed under Penal Code section 1203.4.

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## Contact H Law Group

- Phone: (888) 499-4948 (phones answered 24/7)
- Email: info@thehlawgroup.com
- Free consultation: https://www.thehfirm.com/free-consultation
- Contact form: https://www.thehfirm.com/contact-us

### Offices

- Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431
- San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968
- San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572
- Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057
- Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576
- Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948

### Disclaimer

This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.