san diego dui punishment guidelines

The San Diego California DMV penalty schedule below reflects California's MINIMUM driving under the influence consequences, and not indicative of possible drunk driving aggravations, or DUI penalty enhancements, such as chemical test refusal or DUI with minor passenger under 14 years of age in vehicle, etc. If there were special circumstances surrounding your DUI arrest, your punishment could be more severe.

california dui washout periods

The washout period for a DUI to count as a second offense is if the date of the first DUI arrest fell within ten years of the date of the second drunk driving offense. If less than ten years has elapsed between arrests, it will count as a prior.

standard alcohol conditions: california vehicle code 23600

In addition to specific sentencing & penalties for each subsequent DUI offense itemized in the below penalty charts, the Standard Alcohol Conditions handed down by the court will also apply:

I. You are not permitted to drive with any measurable amount of alcohol detectable in your blood

II. You must submit to a drug and/or alcohol test at any time when requested by a peace officer

III.Refrain from committing any motor vehicle violations while under the influence of alcohol or drugs.

IV. Drive only if properly licensed and insured.

payment of court fees & fines

The judicial officer presiding over your case may elect to grant a defendant a payment schedule, but is not obligated to provide installment options on fines & court fees. When necessary, the court collections Office will determine a payment plan for defendants. The San Diego Superior Court Business Office will impose a fee of $30 for delayed payment in full or $35 for arranging financing for your penalty payments.

california dui penalty & fine charts

first dui offense

probation	3 to 5 years probation Probation is assigned to court vs. a probation officer. Absolutely no alcohol combined with driving at all for 3 - 5 yrs.
jail time	Mandatory 48 hour minimum for a first offense A 48 hour minimum jail term must be served for a first DUI offense
fines	$1400-$1800 + court fees Must be paid within 45 days or financed at an applicable interest rate. Some courts allow fines to be paid by doing community service.
driver's license	10 months license suspension Restricted drivers license eligibility at discretion of the California DMV for limited driving to work & school only.
dui school	Mandatory attendance in a 3 month or 6 month alcohol and drug treatment program California Department of Alcohol and Drug Programs provides a list of approved San Diego DUI Schools

second dui offense

probation	3 to 5 years probation Probation is assigned to court vs. a probation officer. Absolutely no alcohol combined with driving at all for 3 - 5 yrs.
jail time	Mandatory 96 hour minimum for a second offense A 96 hour minimum jail term must be served for a second DUI offense
fines	$1800-$2800 + court fees Must be paid within 45 days or financed at an applicable interest rate. Some courts allow fines to be paid by doing community service.
driver's license	18 months drivers license suspension You may become eligible for a restricted drivers license 1 year after your DUI arrest at discretion of DMV for limited driving to work & school only. Mandatory ignition interlock device.
dui school	Mandatory attendance in an 18 month alcohol and drug treatment program

third dui offense

probation	3 to 5 years formal probation Probation is assigned a probation officer. Absolutely no alcohol combined with driving at all for 3 - 5 yrs.
jail time	Mandatory 120 day minimum for a third offense A 96 hour minimum jail term must be served for a third DUI offense
fines	$1800-$2800 + court fees Must be paid within 45 days or financed at an applicable interest rate. Some courts allow fines to be paid by doing community service.
driver's license	18 months to 3 years drivers license suspension Up to 3 years license suspension / revocation. Mandatory ignition interlock device.
dui school	Mandatory attendance in an 18 or 30 month alcohol and drug treatment program

fourth & subsequent dui offense

probation	3 to 5 years formal probation Probation is assigned to court vs. a probation officer. Absolutely no alcohol combined with driving at all for 3 - 5 yrs.
jail time	Up to a 3 year sentence Jail time may be imposed in a state prison
fines	$1800-$2800 + court fees Must be paid within 45 days or financed at an applicable interest rate. Some courts allow fines to be paid by doing community service.
driver's license	Loss of drivers license Permanent Drivers License Revocation
dui school	Mandatory attendance in an 18 or 30 month school if a program has not been completed before.

additional penalties for lesser offenses

vc4000(a)(1) driving w/o current registration	$201 mandatory fine Charge may be dismissed if valid proof of registration is provided either before or after the offense. If dismissed, $10 transaction fee applies. Infraction
VC 4454(a) No registration in vehicle	$124 Charge may be dismissed if valid proof of registration is provided either before or after the offense. If dismissed, $10 transaction fee applies. Infraction
VC 12500(a) Driving without valid driver’s license	$304 Charge may be dismissed if valid proof of registration is provided either before or after the offense. If dismissed, $10 transaction fee applies. Infraction
VC 12500(a) Driving without valid driver’s license 2nd offense	$391 Charge may be dismissed if valid proof of registration is provided either before or after the offense. If dismissed, $10 transaction fee applies. Infraction
VC 12500(a) Driving without valid driver’s license	$429 plus $100 Probation Revocation Restitution Fine suspended Imposition Suspended Sentence Violate No Laws, Minor Traffic Infractions Excluded Ordered not to drive without valid license and liability insurance Auto Forfeiture Advisal Misdemeanor

common court acronyms used in dui cases

AFA	Auto Forfeiture Advisal California Vehicle Code 14607.6 Pursuant to Calif VC §14607.6, “a driver on a California highway driving a motor vehicle with a suspended or revoked drivers license, or by any unlicensed driver, is subject to vehicle forfeiture and sale as a nuisance if such driver is the registered owner of vehicle and a previous misdemeanor conviction for a violation of subdivision (a) of section 12500 or section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5.”
B & R	Book (into custody) & Release
BAC	Blood Alcohol Concentration, ie, .08% BAC
CSF	Court Security Fee
D	Days, ie 7D equals 7 Days
FCP	First Conviction Alcohol Education Program
H	Hour, ie, 0700H equals 7 a.m.
IID	Ignition Interlock Device
ILO	In Lieu Of
ISS	Imposition of Sentence Suspended
LIO	Lesser Included Offense ie, LIO of speeding when charged with DUI
M	Month(s), ie, 7M equals 7 months
MCP (or SB38)	Multiple-Convictions Alcohol Education Program
FCP	First Conviction Alcohol Education Program
PRRF	Probation Revocation Restitution Fine
PWS	Probation Department’s Public Work Service Program
RFF	Restitution Fund Fine
SAAU	Substance Abuse Assessment Unit
SAC	Standard Alcohol Conditions California Vehicle Code 23600 1. Have no measureable trace of alcohol in blood while operating a motor vehicle 2. Consent to an alcohol or drug chemical test any time requested by a peace officer 3. Possess no drugs or alcohol, nor be under the influence of any substance or liquor while in control of a motor vehicle 4. Drive only if properly licensed and insured with proof of financial responsibility
TVS	Traffic Violator School
VNL	Violate no laws, minor traffic infractions excluded
Y	Year(s), ie, 7Y equals 7 Years