How much do I have to pay for a DUI?
California DUI Laws and Penalties (updated for 2024)
If you are arrested for Driving Under the Influence of alcohol or drugs, aka committing a DUI, you’re sure to face penalties!
If you are an adult and are arrested for DUI in California, you’ll usually be charged with both of these below crimes:
California Vehicle Code (CVC) - 23152(a) - driving under the influence of alcohol, and
California Vehicle Code (CVC) - 23152(b) - driving with a BAC (blood alcohol concentration) of .08% or higher
If you have a CDL (commercial driver’s license) OR if you are on DUI probation, then driving with a BAC of .04% or higher is illegal. Additionally, if you are under 21, driving with any BAC is illegal.
Also, according to CVC 23152(f), driving on drugs is illegal and considered a DUI. Drugs include prescription drugs, over-the-counter medications, or illegal narcotics.
Most DUI cases are typically judged as misdemeanors. DUIs can become felonies if:
Someone is injured
You had a prior felony DUI conviction,
OR you have three (3) or more prior DUI or wet reckless convictions within the previous 10 years
“Wet reckless” charges refer to DUI charges that have been reduced to “reckless driving” charges under California’s Vehicle Code. However, wet reckless charges are distinct from general “reckless driving” charges; your reckless driving charge will have additional notes that alcohol was involved if your DUI charge was reduced to reckless driving. Additionally, wet reckless convictions are plea bargains: You will not automatically be given wet reckless instead of DUI, but instead you must negotiate for receiving a wet reckless charge with the prosecutor in exchange for pleading “Guilty” or “Nolo contendere” (no contest) to that wet reckless charge.
This chart gives a helpful overview of DUI penalties in California:
DUIs are priorable offenses in CA. Meaning each DUI conviction carries higher penalties each time it’s committed.
This ten-year timeframe is also known as “washout” or “lookback” periods. Your record will also include:
California “wet reckless” convictions
Out-of-state convictions that, if they had occurred in California, would have been charged as a DUI.
Washout periods are the amount of time that a prior DUI conviction will be considered when determining penalties for a subsequent DUI conviction. In California, the washout period is generally 10 years from the date of the conviction. This means that convictions from beyond 10 years ago will not typically be considered for determining the penalties of a new DUI charge. Felony DUI convictions are NOT subject to a washout period.
HOWEVER, the cost of a DUI is not only limited to CA legal penalties and fines. You will be held liable for other costs too, such as the cost of towing your car and storing it, DUI classes, reinstating your driver’s license from its suspension, and having your insurance premiums increased.
How much does a DUI cost?
California Highway Patrol’s website estimates the following costs for a DUI case:
Vehicle towing and storage: $187
Booking, fingerprinting, jail costs: $156
Fines (minimum) $468
Penalties (minimum): $780
Attorney and legal fees: $2,557
Car insurance increase: $8,652
DUI victim fund: $100
Driver license reinstatement: $100
DUI classes: $500
Total Approx: $13,500
However, these are optimistic estimates; the DMV estimates that your first-time DUI offense may cost over $45,000, as your insurance premium increases may last for over a decade, plus attorney and legal fees, DUI class costs, and towing and storage costs are all subject to vary.
Aggravating factors that could increase your DUI sentence
There are aggravating factors that, if they’re present while you were arrested for driving under the influence, will increase your county jail or state prison sentence. The common aggravating factors are as follows:
Having a blood alcohol concentration (BAC) of 0.15% or higher. This can apply with lesser BAC counts in some counties.
Refusing to submit to a chemical test (this will carry an additional one-year license suspension for the first refusal, two years for the second, and three years for the third)
Causing an accident
Driving at excessive speeds
DUI with a child under the age of 14 in the car (which can also add a child endangerment charge)
Being under 21 years old at the time of the DUI (in accordance with California’s Zero Tolerance laws)
Driving with an open container
Acting belligerent towards the officers
Are there any extra punishments for committing a DUI?
The consequences of having a DUI on your record goes farther than simply paying a fine or spending a night in jail. DUIs on your record will also hurt your chances of obtaining:
Work
Housing
Loans
Acceptance into colleges
Financial aid
Professional licenses
Many times, DUIs can even cause deportation for immigrant defendants, especially if drugs or child passengers were involved.
DUIs remain on your driving record for a decade, and puts two (2) negligent operator points on your license. This means, if you pick up only two more points in one year, your license will be suspended.
Negligent operator points refers to the NOTS (Negligent Operator Treatment System) database which helps the California DMV decide whether your license will be suspended for traffic violations or collisions, depending on the severity and type of offense. Generally, receiving more than 3 points in one year, more than 5 in two years, or more than 7 in three years will result in your driving privileges being suspended for 6 months and placed on a 1-year probationary period, effective 34 days from the date that the order is mailed to you. Your license will be suspended again and your probationary period extended if you violate your NOTS probation.
How do I avoid going to jail for a DUI?
Simply put, having an experienced DUI attorney to represent you both in court and at your DMV hearing will prove essential to save you from the harsh consequences of violating California’s DUI laws.
Experienced DUI attorneys can help arrange alternative sentencing for your case as well. These can range from:
Cal-Trans roadside work
Community service
Electronic monitoring or house arrest
Residence in a sober living environment
OR incarceration in a private or city jail, such as the Hawthorne Jail.
Lawyers who do not specialize in defending a drunk driving case may not even be aware of sentencing alternatives, or how to most effectively convince prosecutors and judges to agree to them if they are aware.
