California · DUI · Checked October 2026

California DUI Penalties: First, Second and Third Offense

California DUI Penalties: What Are the Rules?

California sets DUI penalties by offense, and they rise with each conviction.

First offense jail: 96 hours (at least 48 continuous) to 6 months in county jail
First offense fine: $390 to $1,000
First offense license: 6 months on conviction; a restricted license is available with DUI program enrollment, an ignition interlock, and proof of financial responsibility
Felony: A fourth DUI within 10 years may be punished by imprisonment under Penal Code § 1170(h) instead of county jail; any DUI within 10 years of a prior felony DUI, or after a prior vehicular manslaughter conviction under Pen. Code § 191.5(a), is punishable by state prison or up to 1 year in county jail
Lookback period: 10 years

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

California DUI Penalties by Offense

DUI penalties in California
Penalty	First offense	Second offense	Third offense
Jail	96 hours (at least 48 continuous) to 6 months in county jail	90 days to 1 year in county jail (offense within 10 years of a separate violation)	120 days to 1 year in county jail (offense within 10 years of two separate violations)
Fine	$390 to $1,000	$390 to $1,000	$390 to $1,000
License suspension	6 months on conviction; a restricted license is available with DUI program enrollment, an ignition interlock, and proof of financial responsibility	2 years; restricted license available with an 18- or 30-month DUI program, ignition interlock (alcohol cases), and proof of financial responsibility	3-year revocation
Ignition interlock	The court may order an ignition interlock for up to 6 months from conviction (12 months mandatory if the offense caused injury under § 23153)	Mandatory 12 months (24 months if the offense caused injury under § 23153)	Mandatory 24 months (36 months if the offense caused injury under § 23153)

Other First Offense Penalties in California

Reinstatement requires proof of financial responsibility and completion of a licensed DUI program (Veh. Code § 13352(a)(1))
The court may allow jail to be served on days off work
The court may bar a restricted license if the person poses a traffic or public safety risk

Official source: other first offense penalties (California)

Other Second Offense Penalties in California

Drug-only convictions must serve 12 months of the suspension before a restricted license (Veh. Code § 13352(a)(3))

Official source: other second offense penalties (California)

Other Third Offense Penalties in California

Designated a habitual traffic offender for 3 years after conviction (Veh. Code § 23546(b))
Reinstatement requires an 18- or 30-month DUI program and proof of financial responsibility (Veh. Code § 13352(a)(5))

Official source: other third offense penalties (California)

When Penalties Are Higher in California

BAC of 0.15 percent or more: The court must treat it as a special factor that may justify enhanced penalties and affects probation decisions and conditions
Refusing a breath or urine test: The court must treat the refusal as a special factor that may justify enhanced penalties
Child passenger under 14: Added county jail time: 48 continuous hours (first offense), 10 days (second), 30 days (third); the minor's presence must be pled and proven, and the enhancement does not apply if the person is also charged with child endangerment (Pen. Code § 273a) for the same incident
Fourth DUI within 10 years: Imprisonment under Pen. Code § 1170(h) or 180 days to 1 year in county jail, a $390 to $1,000 fine, revocation, and habitual traffic offender designation for 3 years

Official source: when penalties are higher (California)

When a DUI Is a Felony in California

A fourth DUI within 10 years may be punished by imprisonment under Penal Code § 1170(h) instead of county jail; any DUI within 10 years of a prior felony DUI, or after a prior vehicular manslaughter conviction under Pen. Code § 191.5(a), is punishable by state prison or up to 1 year in county jailCal. Veh. Code §§ 23550, 23550.5

Official source: when a dui is a felony (California)

How Far Back Prior Offenses Count in California

10 years. Prior DUI violations within 10 years raise the penalty level; DMV keeps DUI convictions on the driver record for 10 yearsCal. Veh. Code §§ 23540, 23546, 23550

Official source: how far back prior offenses count (California)

More on DUI Law in California

See the full overview of DUI laws in California and read about first-offense DUI penalties across the states.

This page summarizes California law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in California can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in California?

Jail: 96 hours (at least 48 continuous) to 6 months in county jail. Fine: $390 to $1,000. License suspension: 6 months on conviction; a restricted license is available with DUI program enrollment, an ignition interlock, and proof of financial responsibility.

What Is the Penalty for a Second DUI in California?

Jail: 90 days to 1 year in county jail (offense within 10 years of a separate violation). Fine: $390 to $1,000. License suspension: 2 years; restricted license available with an 18- or 30-month DUI program, ignition interlock (alcohol cases), and proof of financial responsibility.

When Is a DUI a Felony in California?