This document summarizes the penalties for a first DUI offense in California. It outlines the administrative penalties from the DMV including a 4 month license suspension and mandatory alcohol assessment. The criminal penalties include up to 6 months in jail, fines from $390-$1000, and 3-5 years probation. Reductions may be possible to a wet reckless or other charges. Enhancements can apply for breathalyzer refusal, excessive speed, or if children were present.

1. First DUI Offense In
California

2. What Happens Now?

3. In California, a person arrested for a first
offense DUI potentially faces both
administrative and criminal penalties.

4. Administrative Penalties

5. • License suspension by the DMV for at least 4 months.
Administrative
Penalties:

6. • License suspension by the DMV for at least 4 months.
• Mandatory completion of an alcohol assessment or
treatment evaluation, which is also required for your
license to be reinstated.
Administrative
Penalties:

7. • License suspension by the DMV for at least 4 months.
• Mandatory completion of an alcohol assessment or
treatment evaluation, which is also required for your
license to be reinstated.
• Mandatory installation of an Ignition Interlock Device
in pilot counties.
Administrative
Penalties:

8. • License suspension by the DMV for at least 4 months.
• Mandatory completion of an alcohol assessment or
treatment evaluation, which is also required for your
license to be reinstated.
• Mandatory installation of an Ignition Interlock Device in
pilot counties.
• License reinstatement, including a restricted license ,
requires SR-22 insurance coverage.
Administrative
Penalties:

9. Criminal Penalties

10. Criminal Penalties:
• Maximum six months in a county jail.

11. Criminal Penalties:
• Maximum six months in a county jail.
• Fines will be no less than $390 and no more than
$1,000 plus penalty assessments which will cause fine
to increase 5-6 fold.

12. Criminal Penalties:
• Maximum six months in a county jail.
• Fines will be no less than $390 and no more than
$1,000 plus penalty assessments which will cause fine
to increase 5-6 fold.
• Probation of no less than three (3) years and no more
than five (5) years, during which you can violate no
law, among other restrictions.

13. Criminal Penalties:
• Maximum six months in a county jail.
• Fines will be no less than $390 and no more than $1,000
plus penalty assessments which will cause fine to increase
5-6 fold.
• Probation of no less than three (3) years and no more than
five (5) years, during which you can violate no law, among
other restrictions.
• Conviction of a DUI will remain priorable for 10 years.

14. Criminal Penalties:
• Maximum six months in a county jail.
• Fines will be no less than $390 and no more than $1,000 plus
penalty assessments which will cause fine to increase 5-6 fold.
• Probation of no less than three (3) years and no more than five
(5) years, during which you can violate no law, among other
restrictions.
• Conviction of a DUI will remain priorable for 10 years.
• Completion of a DUI program for three, six, or nine months.

15. Can Penalties Be Reduced?

16. YES

17. Some Common Reductions for a DUI
Would be:
• A Wet Reckless (Vehicle Code 23103 per 23103.5),

18. Some Common Reductions for a DUI
Would be:
• A Wet Reckless (Vehicle Code 23103 per 23103.5),
• A Dry Reckless (Vehicle Code 23103),

19. Some Common Reductions for a DUI
Would be:
• A Wet Reckless (Vehicle Code 23103 per 23103.5),
• A Dry Reckless (Vehicle Code 23103),
• An Exhibition of Speed (also known as a Speed Ex
(Vehicle Code 23109(c) ),

20. Some Common Reductions for a DUI
Would be:
• A Wet Reckless (Vehicle Code 23103 per 23103.5),
• A Dry Reckless (Vehicle Code 23103),
• An Exhibition of Speed (also known as a Speed Ex
(Vehicle Code 23109(c) ),
• Drunk in Public - Penal Code 647(f), or

21. Some Common Reductions for a DUI
Would be:
• A Wet Reckless (Vehicle Code 23103 per 23103.5),
• A Dry Reckless (Vehicle Code 23103),
• An Exhibition of Speed (also known as a Speed Ex
(Vehicle Code 23109(c) ),
• Drunk in Public - Penal Code 647(f), or
• General Traffic Infractions.

22. Can Penalties Be Enhanced?

23. YES

24. ENHANCEMENTS:
• For A Breath Test Refusal
▫ 48 hours in the County Jail,

25. ENHANCEMENTS:
• For A Breath Test Refusal
▫ 48 hours in the County Jail,
▫ Mandatory one (1) year license suspension, and

26. ENHANCEMENTS:
• For A Breath Test Refusal
▫ 48 hours in the County Jail,
▫ Mandatory one (1) year license suspension, and
▫ Nine (9) month alcohol program.

27. ENHANCEMENTS:
• For Excessive Speed
▫ 60 Days in the County Jail

28. ENHANCEMENTS:
• For Child Endangerment
▫ 48 hours in county jail

29. ENHANCEMENTS:
• For Child Endangerment
▫ 48 hours in the County Jail
▫ Possible additional charge of child endangerment

30. ENHANCEMENTS:
• For Child Endangerment
▫ 48 hours in the County Jail
▫ Possible additional charge of child endangerment
▫ Possible one (1) year parenting class.

31. ENHANCEMENTS:
• High BAC
▫ Nine (9) month alcohol program

33. Contact
The Aizman Law Firm
(818) 351-9555
www.aizmanlaw.com