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These are typical statutory ranges. The actual sentence depends on the facts, your record, the county and the judge, and many cases resolve to a lesser charge.
The 10-year look-back
California counts a DUI as a second or third offense if the earlier conviction happened within 10 years of the new offense. Prior convictions in other states can count too. A prior that was later dismissed under Penal Code § 1203.4 can still count for this purpose.
What can raise the penalty
- A high BAC. A reading of 0.15% or more can be treated as an aggravating factor (Vehicle Code § 23578), and 0.20% or more usually means a longer DUI program.
- Refusing a chemical test after a lawful arrest can add jail time and a longer license suspension (Vehicle Code §§ 23577, 13353).
- A child under 14 in the car can add jail time (Vehicle Code § 23572).
- Excessive speed or reckless driving during the DUI can add jail time.
- Injury to anyone moves the case under Vehicle Code § 23153, which can be charged as a felony. Great bodily injury enhancements can add years.
Costs beyond the sentence
A first DUI conviction usually brings a base fine of $390 to $1,000. Penalty assessments and fees typically bring the total to several thousand dollars, before DUI school, an ignition interlock device and higher insurance (often an SR-22 filing). A DUI conviction can also affect jobs that involve driving, professional licenses and, for non-citizens, immigration status.
Why real outcomes vary
These ranges are the starting point, not the result. The quality of the stop and arrest, the testing procedure, the blood or breath results, your record and your personal circumstances all matter, and many DUI cases resolve as a lesser offense such as a “wet reckless” (reckless driving involving alcohol). Eric looks at the evidence and at what matters most to you, such as your job and your license, before advising you.
Law cited: Vehicle Code §§ 23152, 23153, 23536–23550. Last reviewed October 2026.
General information, not legal advice. Every case is different.