1st Offense

(Misdemeanor) BY THE COURT:

PROBATION:

3 to 5 years informal probation

JAIL:

0 - 6 months jail

COURT FINES:

$390 - $1000 BASE FINE + PENALTY ASSESSMENT = $2000 minimum.

DUI SCHOOL:

  • Attendance at First Offender Program (FOP)
  • BAC ≤ .14 – 3-month FOP
  • BAC 15 to .19 – 6-month FOP
  • BAC ≥ .20 – 9-month FOP
  • Refusal – 9-month FOP

OC DUI Schools

LA DUI Schools

All CA DUI Schools

IF CONVICTED IN Los Angeles, Alameda, Sacramento or Tulare counties:

  • Ignition Interlock Device for 5 months

CERTAIN FACTS REQUIRE INCREASED PUNISHMENTS:

  • Refusal - 48 hours Jail, 1 year license suspension
  • Passenger in Vehicle Under Age 14 – Mandatory additional 48 hours Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street – Mandatory additional 60 days Jail

DMV ACTION UPON CONVICTION:

  • 6-month license suspension
  • 10-Month license suspension if BAC >0.20% or refusal
  • Restriction Eligibility: Upon meeting certain requirements, DMV can issue a restricted license if no other suspensions are in place

SEPARATE DMV ADMINISTRATIVE PER SE (APS) SUSPENSION:

  • BAC < .08 – No additional suspension other than what is listed above for conviction
  • BAC ≥ .08 – 4-month suspension with eligibility to obtain restricted license after serving 30-day suspension in addition to what is listed above for conviction
  • Refusal – 1-year mandatory suspension with no option for restricted license
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