What are the DUI laws in California? (2024 updates)
California DUI Laws and Penalties (2024 updates)
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
What does “wet reckless” mean? Is that a crime?
“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.
What penalties could I face for committing a DUI?
This list gives a helpful overview of DUI penalties in California:
1st Offense DUI is punishable by up to 6 months of jail or prison time, a $390-$1000 fine, 6 months of IID attachment to the car, and/or either 3 or 9 months of DUI school.
2nd Offense DUI (within 10 years of your 1st offense) is punishable by anywhere from 96 hours to 1 year of jail or prison time, a $390-$1000 fine, 1 year of IID attachment to the car, and/or either 18 or 30 months of DUI school.
3rd Offense DUI (within 10 years of your 1st offense) is punishable by anywhere from 120 days to 1 year of jail or prison time, a $390-$1000 fine, 2 years of IID attachment to the car, and/or 30 months of DUI school.
If the DUI caused injury to someone and is charged as a misdemeanor, the separate charge of DUI causing injury is punishable by anywhere from 5 days to 1 year of jail, a $390-$5000 fine, 6 months of IID attachment to the car, and/or a period of 3, 18, or 30 months spent in DUI school.
If the DUI caused injury to someone and is charged as a felony, the separate charge of DUI causing injury is punishable by anywhere from 16 months to 16 years of jail or prison time, a $1015 - $5000 fine, 1 year of IID attachment to the car, and/or either 18 or 30 months of DUI school.
If the DUI is charged as a felony, depending on many factors, it is punishable by a period of 16 months, 2 years, or 3 years of jail or prison time, a $390-$1000 fine, up to 5 years of IID attachment to the car, and/or either 18 or 30 months of DUI school.
What do “washout periods” mean for DUIs?
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.
If you would like to learn more about the total costs associated with being charged with DUI, click here to learn more: “How much do I have to pay for a DUI?”
Or book a free consult with Win Nguyen Law, home to California’s most dedicated and thoughtful attorneys. Because when you’re fighting for your life, you deserve to Win!
