California's DUI Laws: What are the Penalties?

If convicted of driving under the influence (DUI) in California, the penalties you'll face depend on several circumstances. The facts of the case and characteristics of the offender—often categorized as "aggravating and mitigating factors"—normally come into play whether the conviction results from a plea bargain or jury verdict. But the maximum and minimum penalties a judge can impose are set by statute. In large part, these allowable sentencing ranges depend on the number of prior DUI convictions the defendant has.

This article covers California's DUI laws and the penalties for a DUI conviction.

How California's DUI Laws Define the Offense

California's DUI laws apply to all drivers. However, stricter standards apply to commercial and underage drivers.

How Is "Under the Influence" Defined?

California's DUI laws prohibit all motorists from driving while under the influence of drugs or alcohol or with a blood alcohol concentration (BAC) of .08% or more. A person is considered "under the influence" if substantially affected by drugs, alcohol, or a combination of the two. (Cal. Veh. Code § 23152 (2025).)

For certain drivers, stricter BAC standards apply. Commercial drivers can be arrested for a DUI for driving with a BAC of .04% or more. And California has "zero tolerance" laws making it illegal for underage drivers (those under 21 years old) to get behind the wheel with a BAC of .01% or more. (Cal. Veh. Code §§ 23136, 23152 (2025).)

California also has similar laws that prohibit riding bikes and scooters while intoxicated and boating under the influence (BUI).

Is Driving Required for a DUI Conviction?

In most states, a motorist can be charged with a DUI for being in "actual physical control" of a vehicle while under the influence. In other words, actual driving is sufficient but not required to be convicted in those states. In California, however, the DUI statute requires proof of driving for a DUI conviction—being in actual physical control isn't enough. (Cal. Veh. Code § 23152 (2025).)

California's DUI Conviction Penalties

The penalties you'll face for a DUI conviction depend on many factors. But the most significant factor is typically the number of prior convictions. Below we provide the penalties for a first, second, and third DUI conviction.

How Long Does a DUI Stay on Your Record in California?

In California, a DUI generally counts as a prior conviction for ten years. So, a DUI that occurred more than ten years ago doesn't count for purposes of determining whether a current DUI is a second or subsequent offense.

Minimum and Maximum Penalties for a First DUI Conviction in California

A first DUI conviction in California is a misdemeanor and generally carries:

• $390 to $1,000 in fines
• two days to six months in jail, and
• a six-month license suspension.

The court also may place a motorist convicted of a first DUI on probation. (Cal. Veh. Code §§ 13352, 23536, 23538 (2025).)

To learn more about the penalties for a first DUI in California, see our California first offense article.

Minimum and Maximum Penalties for a Second DUI Conviction in California

A second DUI conviction is a misdemeanor in California and generally carries:

• $390 to $1,000 in fines
• four days to one year in jail, and
• a 24-month license suspension.

The court also may place a motorist convicted of a second DUI on probation. (Cal. Veh. Code §§ 13352, 23540, 23542 (2025).)

To learn more about the penalties for a second DUI in California, see our California second offense article.

Minimum and Maximum Penalties for a Third DUI Conviction

In California, a third DUI is typically a misdemeanor and generally carries:

• $390 to $1,000 in fines
• 120 days to one year in jail, and
• a three-year license suspension.

The court also may place a motorist convicted of a third DUI on probation. (Cal. Veh. Code §§ 13352, 23546, 23548 (2025).)

To learn more about the penalties for a third DUI in California, see our California third offense article.

Felony DUI Charges in California

Certain aggravating factors can elevate a DUI to a felony. Felony DUIs carry much more serious penalties than misdemeanors.

DUIs Involving Deaths or Injuries

DUIs with injuries. If you injure someone in a DUI accident, you'll generally be facing more severe penalties than you would for a standard DUI. Injury DUIs are "wobblers"—meaning they can be charged as a misdemeanor or felony. (Cal. Veh. Code § 23153, 23554 (2025).)

If charged with a misdemeanor, an injury DUI can carry:

• $390 to $1,000 in fines
• five days to one year in jail, and
• a 12-month license suspension.

The court also may place a motorist convicted of a misdemeanor injury DUI on probation. (Cal. Veh. Code §§ 13352, 23554, 23556 (2025).)

If charged as a felony, an injury DUI can result in a prison sentence of up to four years. And depending on the defendant's history, fines for an injury DUI can range from $390 to $5,000. (Cal. Veh. Code §§ 23558, 23560 (2025).)

DUIs with fatalities. DUI offenders who cause the death of another person are typically prosecuted under the state's vehicular manslaughter or murder laws. A defendant in this situation could be charged with:

• negligent vehicular manslaughter while intoxicated
• gross vehicular manslaughter while intoxicated, or
• second-degree murder.

(Cal. Penal Code § 191.5 (2025); People v. Watson, 637 P.2d 279 (Cal. 1981).)

The penalties for these offenses vary greatly. At the low end—for a misdemeanor negligent-vehicular-manslaughter-while-intoxicated conviction—an offender is looking at up to a year in jail and a maximum of $1,000 in fines. But a second-degree murder conviction is a felony and carries 15 years to life in state prison. (Cal. Penal Code §§ 19, 190, 193 (2025)

Fourth or Subsequent DUI Within Ten Years

In California, a fourth DUI within ten years can be charged as a felony offense. A felony fourth DUI carries 16 months to 4 years in prison, $390 to $1,000 in fines, and a 4-year license suspension. The court also may place a motorist convicted of a fourth DUI on probation. (Cal. Penal Code § 1170; Cal. Veh. Code §§ 13352, 23550, 23552 (2025).

Past Felony DUI Convictions

A driver who has a past felony DUI conviction that occurred within the past ten years can be charged with a felony DUI for the current offense, even if the offense didn't involve any aggravating factors. The penalties for a conviction include 16 months to 4 years in prison, $390 to $1,000 in fines, and a 4-year license suspension. (Cal. Penal Code § 1170; Cal. Veh. Code §§ 13352, 23550.5 (2025).

Under 21 DUIs in California

Underage drivers in California can also be convicted of a "zero-tolerance" offense for having a BAC of .01% or an "underage DUI" for having a BAC of .05% or more. In other words, California has two types of DUI restrictions that apply to underage drivers.

California's Zero-Tolerance Law for Underage Drivers

California's implied consent laws require minors who are lawfully detained for DUI to submit to a preliminary alcohol screening test (breathalyzer). Underage motorists who are caught driving with a BAC of .01% or more can be convicted of a zero-tolerance offense. (Cal. Veh. Code § 23136 (2025).)

A zero-tolerance conviction is an infraction that carries up to $250 in fines and a minimum one-year license suspension. (Cal. Veh. Code §§ 13553.3, 42001 (2025).)

California's Underage DUI Law and Penalties

An underage driver with a BAC of .05% or more can be charged with underage DUI, an infraction. (Cal. Veh. Code § 23140 (2025).)

Strangely, the penalties for an underage DUI typically aren't more severe than those for a zero-tolerance offense. Drivers convicted of an underage DUI face a one-year license suspension and a $100 to $300 fine (depending on whether the driver has prior infraction convictions within the past 12 months). Drivers who are under 21 but at least 18 years old must also complete an alcohol education program as a condition of license reinstatement. (Cal. Veh. Code §§ 13552.6, 23502, 42001.25 (2025).)

Getting Help From a California DUI Attorney

A DUI conviction can lead to severe consequences in California, especially if there are aggravating circumstances. If you've been arrested for a DUI, it's a good idea to talk to a knowledgeable attorney as soon as possible. A qualified DUI lawyer can advise you on the law and help you decide on the best course of action.