Vehicle Code 23536 is the sentencing statute for a first DUI conviction under Vehicle Code 23152. It sets out the range of penalties a court can impose, and understanding that range is the key to knowing what is realistic in a first-offense case.
What the statute provides
A first offense carries a county jail range of 96 hours to six months, a fine in a base range that grows substantially with penalty assessments, and three to five years of informal probation. The court also imposes a license suspension and orders a licensed DUI program, typically the three-month program, or the nine-month program for a higher reading.
What actually happens in most cases
Despite the statutory jail range, most first offenses without aggravating factors resolve without significant custody. Judges frequently impose the minimum or substitute alternatives. The bigger practical consequences are usually the license suspension, the program, the fines, and the insurance impact.
Where there is room to work
The same defenses that can dismiss or reduce a DUI also lower the sentence: problems with the stop, the testing, and the chemical evidence. Even on a conviction, the difference between the floor and the ceiling of 23536 is large, and mitigation shapes where the case lands.
Where to start
Knowing the realistic range for your facts is the first step. Get a free written case analysis below or call me directly. See also the total DUI cost calculator.