IF NO PROBATION IS IMPOSED BY THE COURT: VEHICLE CODE § 23540.
JAIL: Punishment by imprisonment in the county jail for not less than 90 days nor more than one year.
FINE: Fine of not less than $390 nor more than one thousand dollars $1,000.
TREATMENT: None required. However the DMV will not reinstate the person’s privilege to operate a motor vehicle until proof of completion of a treatment program. Vehicle Code § 13352(a)(1).
DRIVERS LICENSE: The person’s privilege to operate a motor vehicle shall be shall be suspended for two years.
RESTRICTED LICENSE: VEHICLE § 13352: The department shall advise the person that after completion of 12 months of the suspension period, the person may apply to the department for a restricted driver’s license. However the court pursuant to 23536(d) may disallow the issuance of a restricted driver’s license.
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WITH PROBATION (3-5 YEARS): VEHICLE CODE § 23542.
JAIL: Punishment by imprisonment for at least 10 days, but not more than one year in county jail or for at least 96 hours, but not more than one year. A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.
FINE: Fine of at least $390, but not more than $1,000.
TREATMENT: Enroll and participate, for at least 18 months to 30 months in a driving-under-the-influence program.
DRIVERS LICENSE: The person’s privilege to operate a motor vehicle shall be suspended for two years. RESTRICTED LICENSE: VEHICLE § 13352: The department shall advise the person that after completion of 12 months of the suspension period, the person may apply to the department for a restricted driver’s license. However the court pursuant to 23536(d) may disallow the issuance of a restricted driver’s license.
ADDITIONAL PENALTIES:
VEHICLE CODE §23580: If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under Section 23540, 23546, 23550, 23550.5, 23560, or 23566, the court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code, that the person serve not less than 10 days of county jail...
RESTITUTION: PENAL CODE § 1202.4: The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than one hundred fifty dollars ($150), and not more than one thousand dollars ($1,000), if the person is convicted of a misdemeanor.
VEHICLE IMPOUNDMENT: VEHICLE CODE § 23594: The court may order the vehicle impounded at the registered owner’s expense for not less than one nor more than 30 days.
IGNITION INTERLOCK DEVICE: VEHICLE CODE § 23575: The court may require that a person convicted of a first offense violation of §§ 23152 or 23153 to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device.
ENHANCEMENTS:
REFUSAL: VEHICLE CODE § 23577: If any person willfully refused a peace officer’s request to submit to a chemical test the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail.
COMMERCIAL VEHICLE: VEHICLE CODE § 15300(a)(1): A driver of a commercial motor vehicle may not operate a commercial motor vehicle for a period of one year.
DEFENDANT 13-18 YEARS OLD: VEHICLE CODE § 13202.5: If committed while the person was under the age of 21 years, but 13 years of age or older, the court shall suspend the person’s driving privilege for one year.
DEFENDANT UNDER 18 YEARS OLD: VEHICLE CODE § 13352.3: The term of the revocation shall be until the person reaches 18 years of age, for one year, or for the period prescribed for restriction, suspension, or revocation specified in subdivision (a)of Section 13352, whichever is longer.
MINOR PASSENGER: VEHICLE CODE § 23572: If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose 48 continuous hours in the county jail.
EXCESSIVE SPEED: VEHICLE CODE § 23582: Any person who drives a vehicle 30 or more miles per hour over the posted speed limit on a freeway, or 20 or more miles per hour over the posted speed limit on a street, and in a manner prohibited by Section 23103 shall be punished by an additional and consecutive term of 60 days in the county jail.
DUI WITH INJURY: Vehicle Code § 23153: Punishment from up to 1 year in county jail if charged with a misdemeanor and to 3 years in state prison if charges with a felony.
LYFT, UBER AND TAXI DRIVERS: Vehicle Code § 23153 (e): Commencing July 1, 2018, it shall be unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.
