What a California DUI actually costs you depends on the offense level, the blood alcohol level, whether anyone was hurt, and the specific enhancements the prosecution can prove. I am Joel Brand, and one of the first things I do for any client is map out their real exposure, because the worst-case numbers people find online rarely match what actually happens in a typical case. This guide organizes the penalties by offense level and by enhancement, with links to the detailed article on each, plus the free tools that estimate your exposure.
California DUI penalties at a glance
These are the base statutory ranges for a standard alcohol DUI, counting prior convictions within a 10-year window. Enhancements add to them, and a first offense is almost always handled on probation, where actual jail is frequently minimal or waived.
| Offense (within 10 years) | Class | County jail (statutory range) | Base fine | DUI program | License action |
|---|---|---|---|---|---|
| First | Misdemeanor | 96 hours to 6 months (often probation; jail commonly minimal or waived) | $390 to $1,000 | 3 months, or 9 months if BAC 0.20%+ or refusal | 6-month court suspension plus 4-month DMV suspension; IID lets most drivers stay on the road |
| Second | Misdemeanor | 90 days to 1 year | $390 to $1,000 | 18 or 30 months | 2-year suspension, convertible to an IID-restricted license |
| Third | Misdemeanor | 120 days to 1 year | $390 to $1,000 | 30 months | 3-year revocation; habitual traffic offender |
| Fourth (or any DUI with a prior felony DUI) | Felony | 16 months, 2, or 3 years in state prison, or 180 days to 1 year in jail | $390 to $1,000 | 30 months | 4-year revocation; habitual traffic offender |
A DUI is also charged as a felony, regardless of priors, when someone is injured. See DUI causing injury and when a DUI is charged as a felony.
The fine is not the whole bill
The base fine of $390 to $1,000 is misleading on its own. By the time the court adds the mandatory penalty assessments, surcharges, and fees, the actual amount a first offender pays is several times the base figure. On top of that come the cost of the DUI program, the ignition interlock device, increased insurance, and the SR-22 filing. I never let a client be surprised by these. For a full breakdown of what a conviction really costs, see how much a California DUI costs, and estimate yours with the total DUI cost calculator.
How probation changes the real-world penalty
The statutory jail ranges look alarming, but they rarely describe what happens to a first offender. Almost every first DUI is resolved with summary (informal) probation of three to five years, and under that arrangement the jail time is frequently reduced to a token amount or waived entirely in favor of the DUI program, the fine, and the license conditions. The conditions of probation matter as much as the sentence: no driving with any measurable alcohol, no refusing a chemical test, and obey all laws. Understanding how probation actually works is key to understanding your true exposure. See what to expect from DUI probation.
Penalties by offense level
- First-offense DUI consequences
- First-offense penalties (VC 23536)
- Second-offense DUI
- Third-offense DUI
- Fourth-offense felony DUI
When a DUI becomes a felony
Most DUIs are misdemeanors, but the charge becomes a felony when someone is injured, when it is a fourth offense within 10 years, or when the driver has a prior felony DUI. Felony exposure is an entirely different conversation, with state prison on the table and far heavier collateral consequences. These articles explain when the line is crossed and how a felony can sometimes be reduced.
- When a DUI is charged as a felony
- DUI causing injury (VC 23153)
- Great bodily injury enhancement (PC 12022.7)
- Vehicular manslaughter (PC 192(c))
- Reducing a felony to a misdemeanor (PC 17(b))
Sentencing enhancements
Enhancements are the add-ons that turn a standard DUI into something worse. A high blood alcohol level, a refusal, excessive speed, or a child in the car each adds mandatory penalties on top of the base sentence, often including extra jail, a longer program, and a tougher license outcome. Knowing which enhancements the prosecutor can actually prove is central to understanding and negotiating your case.
- High BAC (0.15% and above)
- High-BAC sentencing factor (VC 23578)
- Child passenger (VC 23572)
- Excessive speed enhancement (VC 23582)
- Refusal enhancement (VC 23577)
How penalties get reduced
The numbers in the table are starting points, not destinations. A strong defense, a weakness in the chemistry or the stop, a clean record, and good mitigation can move a case toward a reduced charge like a wet reckless, which carries a shorter program, a lower fine, and no mandatory court license suspension. The penalties you ultimately face depend heavily on the strength of your defense, which is why the defenses guide and the penalties guide go hand in hand.
The 10-year lookback that drives everything
California counts prior DUIs within a 10-year window, and that single rule shapes the entire penalty structure. A second offense within 10 years of a first is sentenced far more harshly than a fresh first offense, and the program jumps from a few months to 18 or 30 months. This is why a prior wet reckless still matters: it counts as a prior DUI inside that window. It is also why the date of a prior conviction can be worth fighting over, and why I always check exactly how the prosecution is counting. See how prior DUI convictions affect a charge.
Collateral consequences beyond the sentence
The court sentence is only part of the picture. A DUI conviction stays on your California driving record for 10 years, drives up insurance premiums for years, requires an SR-22 filing, and can threaten a professional license or a job that involves driving. For non-citizens, certain DUI-related charges carry immigration risk. These downstream costs are often what hurt people most, and they are a major reason fighting for a reduction or dismissal is worth the effort. Many can be addressed later by expunging the conviction once probation is complete.
Estimate your exposure
Get a free written case analysis below or call me at (888) 271-6644. I answer my own phone, 24/7. See also the DUI defenses guide and the DUI and your license guide.
From the DUI blog: California DUI law changes for 2026.