California DUI Penalties - Over 21

California DUI Drunk Driving Penalties - Over Age 21

1O DAY WARNING!!!

YOU MUST FILE A CHALLENGE TO YOUR CALIFORNIA DUI WITHIN 10 DAYS OF ARREST, OR YOU WILL LOSE YOUR LICENSE WITHOUT A HEARING. CONTACT A CALIFORNIA DUI ATTORNEY IMMEDIATELY!!

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Chapter 2 Court Penalties
Article 1§ § 23530 General Provisions
Article 2§ § 23536-23552 Penalties for a Violation of Section 23152
Article 3§ § 23554-23568 Penalties for a Violation of Section 23153
Article 4§ § 23572 Additional Punishments
Article 5§ § 23575-23582 Additional Penalties and Sanctions
Article 6§ § 23592-23596 Additional Court-Imposed Orders and Directions
Article 7§ § 23598 Alternative to Alcohol or Drug Education Program
Chapter 3§ § 23600-23602 Probation
Chapter 4 Procedures
Article 1§ § 23610-23614 General Provisions
Article 2§ § 23620-23626 Prior and Separate Offenses
Article 3§ § 23630 Defenses
Article 4§ § 23635 Dismissal on the Record
Article 5§ § 23640 Court Restrictions
Article 6§ § 23645-23651 Alcohol Assessment
Article 7§ § 23655 Presentence Investigation
Article 9§ § 23660-23665 Delayed Suspensions and Revocations
Article 10§ § 23670 Conflict of Interest
Article 11§ § 23675 Operative Date

General Provisions

23530 . This chapter applies to the imposition of penalties, sanctions, and probation upon persons convicted of violating driving while under the influence offenses that are set forth in Chapter 12 (commencing with Section 23100) of Division 11.

23536-23552 Penalties for a Violation of Section 23152

Section NumberSection Title
23536 Penalty: First Conviction
23538 Conditions of Probation: First Conviction
23540 Penalty: Second Offense Within Ten Years
23542 Conditions of Probation: Second Offense Within Ten Years
23546 Penalty: Third Conviction Within Ten Years
< 23548 Conditions of Probation: Third Conviction Within Ten Years
23550 Penalty: Fourth or Subsequent Conviction Within Ten Years
23550.5 Penalties: Conviction Within 10 Years of Prior DUI Conviction
23552 Conditions of Probation

23554-23568 Penalties for a Violation of Section 23153

Section NumberSection Title
23554 Penalty: First Conviction
23556 Conditions of Probation: First Conviction
23558 Multiple Victims: Enhanced Penalty
23560 Penalty: Second Conviction Within Ten Years
23562 Conditions of Probation: Second Offense Within Ten Years
23566 Penalty: Third or Subsequent Conviction Within Ten Years
23568 Conditions of Probation: Third or Subsequent Conviction Within Ten Years

Minor Passenger: Enhanced Penalty


23572.   (a) 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 the following penalties in addition to any other penalty prescribed:

(1) If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed.

(2) If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed.

(3) If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed.

(4) If a person is convicted of a violation of Section 23152 which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed.

(b) The driving of a vehicle in which a minor under 14 years of age was a passenger shall be pled and proven.

(c) No punishment enhancement shall be imposed pursuant to this section if the person is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 38, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.

23572 Additional Punishments

Section NumberSection Title
23575 Authorized and Mandatory Installation of Ignition Interlock Device
23576 Exception for Operation of Vehicle
23577 Chemical Testing: Refusal to Take or Failure to Complete: Enhanced Penalties
23578 Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties
23580X Repeat Offenders: Mandatory Imprisonment
23582 Speeding: Additional Penalty

23575-23582 Additional Penalties and Sanctions

Section NumberSection Title
23575 Authorized and Mandatory Installation of Ignition Interlock Device
23576 Exception for Operation of Vehicle
23577 Chemical Testing: Refusal to Take or Failure to Complete: Enhanced Penalties
23578 Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties
23580 Repeat Offenders: Mandatory Imprisonment
23582 Speeding: Additional Penalty

23592-23596 Additional Court-Imposed Orders and Directions

Section NumberSection Title
23592 Impounding Vehicles
23594 Impoundment of Vehicles
23596 Vehicle Declared Nuisance: Sale of Vehicle

Live-in Alternative to Alcohol or Drug Education Program


23598 .   In lieu of the alcohol or drug education program prescribed by Section 23538, 23542, 23548, 23552, 23556, 23562, or 23568, a court may impose, as a condition of probation, that the person complete, subsequent to the underlying conviction, a program specified in Section 8001 of the Penal Code, if the person consents and has been accepted into that program. Acceptance into that program shall be verified by a certification, under penalty of perjury, by the director of the program.

23600-23602 Probation

Section NumberSection Title
23600 Sentencing: Minimum Probation Conditions
23601 Probation: Payment of Money
23602 Penalty: Violation of Probation