California DUI Penalties: Fines, Jail & More

(DUI) is a serious offense in California, with strict laws and severe penalties designed to protect the public and reduce impaired driving incidents. If you’re facing a DUI in San Bernardino County or elsewhere in California, it’s essential to understand the legal consequences, fines, and potential jail time. At The Law Offices of Kirk Tarman & Associates, we specialize in defending clients against DUI charges and other criminal offenses. With an experienced criminal defense attorney in Rancho Cucamonga by your side, you’ll have the guidance you need to navigate California’s complex DUI laws.California DUI penalties vary based on prior convictions, blood alcohol concentration (BAC), and whether injuries or aggravating factors are involved.

California DUI Penalties (2025)

In California, DUI penalties in 2025 depend on whether the offense is a first-time DUI, repeat offense, or involves aggravating factors such as injury, refusal, or a high blood alcohol concentration (BAC). Penalties may include fines, jail time, probation, DUI school, license suspension, and ignition interlock device (IID) requirements.

Even a first-time DUI can result in serious consequences that affect your freedom, finances, and driving privileges. Understanding what applies to your specific situation is critical.

Common DUI Questions in Califiornia

What BAC is illegal in California?
For most drivers, a BAC of 0.08% or higher is illegal. Commercial drivers face a 0.04% limit, and drivers under 21 are subject to a 0.01% standard.
Can you go to jail for a first DUI in California?
Yes. A first DUI can carry up to six months in county jail, though probation is often imposed instead of incarceration.

California DUI Penalties: What to Expect

The penalty for DUI in California varies depending on the number of previous offenses, whether anyone was injured, and any aggravating factors (such as high BAC or having a minor in the car). Here’s a breakdown of California DUI penalties for first, second, and third offenses:

First-Offense DUI
- DUI Fine California: Fines from $390 to $1,000, with additional court fees.
- Jail Time DUI California: Up to 6 months in county jail, though probation is often granted in place of jail time for first-time offenders.
- License Suspension: A 6-month license suspension, though a restricted license may be available with an Ignition Interlock Device (IID).
- DUI Education: Mandatory 3 to 9-month DUI education program.
Second-Offense DUI
- DUI Fine California: Fines range from $390 to $1,000, plus court fees.
- Jail Time DUI California: 96 hours to 1 year in county jail.
- License Suspension: A 2-year license suspension, with IID requirements for license reinstatement.
- DUI School: 18 or 30 months of mandatory DUI school.
Third-Offense DUI
- DUI Fine California: Fines up to $1,000, along with additional court fees.
- Jail Time DUI California: 120 days to 1 year in county jail.
- License Suspension: 3-year suspension with IID requirements for reinstatement.
- DUI School: 30-month DUI program.

A fourth DUI offense within 10 years is considered a felony, carrying even harsher penalties, including significant jail time and extended license revocation.

What Happens When You Get a DUI in California?

When you are arrested for DUI in California, two separate legal processes begin:

Criminal Court Case

This determines whether you are convicted of DUI and what penalties apply, such as:

Jail time
Fines and court fees
Probation
DUI education programs

DMV Administrative Case

This controls your driver’s license and begins immediately after arrest. You typically have only 10 days to request a DMV hearing, or your license may be automatically suspended.

These cases operate independently, meaning you can win one and lose the other without proper legal defense.

Enhanced Penalties for DUI in California

California enforces enhanced penalties for DUI in certain situations, especially when aggravating factors are present. Enhanced penalties apply when:

BAC is 0.15% or Higher: High BAC levels result in more severe penalties, such as longer DUI education requirements and possibly additional jail time.
DUI with Injury: If the DUI causes injury to another person, it can be charged as a felony, leading to extensive fines, prison time, and restitution payments.
DUI with Minor Passenger: Driving under the influence with a passenger under 14 years old increases penalties, including mandatory jail time and additional fines.
Refusal to Submit to Chemical Testing: Under California’s implied consent law, drivers must submit to chemical testing when lawfully arrested. Refusing the test can result in an automatic one-year license suspension and additional penalties if convicted.

These California DUI enhanced penalties serve to discourage particularly dangerous behavior and carry added consequences that can significantly impact your life.

Jail Time for DUI in California

One of the most concerning penalties for a DUI charge is potential jail time. Jail time for DUI in California varies based on factors such as prior DUI convictions and the presence of enhanced factors. While first-time offenders may avoid jail through probation, repeat DUI offenses and DUIs involving injuries often carry mandatory jail sentences. Working with an experienced DUI attorney near me is crucial to building a strong defense that may minimize or avoid jail time altogether.

How Fines and Fees Add Up

In addition to potential jail time, DUI fines in California can quickly add up. Fines for a DUI start at $390 but can increase significantly due to court assessments, mandatory program fees, and restitution payments if someone was injured. These financial penalties can place a considerable burden on individuals, especially when combined with other consequences, such as license suspension and increased insurance rates.

The Court Process for a DUI Charge

If you’re facing a DUI charge, understanding the court process can help reduce anxiety and prepare you for what lies ahead. Here’s a general overview of the steps involved:

Arrest and Booking: After being arrested, you’ll be booked, and your vehicle may be impounded.
Arraignment: This is your first court appearance, where you’ll be formally charged and have the opportunity to enter a plea. Your attorney can represent you at this stage and advise on the best course of action.
Pre-Trial Motions and Hearings: Your attorney may file motions to challenge evidence or dismiss charges, especially if there were procedural errors during your arrest.
Trial or Plea Deal: If a plea deal is not reached, the case proceeds to trial, where both sides present evidence and arguments.
Sentencing: If convicted, the court will impose penalties, including fines, jail time, and license suspension.

The expertise of a seasoned criminal defense attorney in Rancho Cucamonga is essential to navigating these steps and building a defense that aims for the best possible outcome.DUI cases in Rancho Cucamonga are handled through San Bernardino County courts, where local enforcement practices and prosecutorial policies can significantly affect outcomes.

DUI Defense Strategies

Defending against DUI charges requires a skilled and knowledgeable attorney. At The Law Offices of Kirk Tarman & Associates, we thoroughly review each case, looking for any factors that could strengthen your defense, such as:

Challenging BAC Results: BAC tests can be inaccurate due to calibration issues, faulty equipment, or improper administration.
Questioning Field Sobriety Tests: Field sobriety tests are subjective and often unreliable.
Investigating Police Procedures: If officers failed to follow protocol during the arrest, this could lead to evidence being dismissed.

Our firm’s unique experience, which includes a former Deputy District Attorney and a former San Bernardino DA litigator, equips us with the insights and strategies necessary to advocate for our clients effectively.

Why Choose The Law Offices of Kirk Tarman & Associates?

Choosing the right DUI attorney near me is critical when facing DUI charges. With over 25 years of criminal defense experience, The Law Offices of Kirk Tarman & Associates provides clients with expert defense strategies tailored to each case. Here’s why you should trust us with your defense:

Specialized DUI and Criminal Defense: Our firm focuses exclusively on criminal defense, ensuring you receive knowledgeable, specialized representation.
Experience with Local Courts: Our familiarity with the courts in San Bernardino County and the surrounding areas gives us an advantage in defending our clients.
Boutique-Style Representation: As a boutique law firm, we provide each client with personal attention and tailored strategies to achieve the best possible outcome.

Common Questions About California DUI Penalties

What happens when you get a DUI in California?

After a DUI arrest in California, you face two separate cases: a criminal court case and a DMV administrative case. Penalties may include fines, license suspension, DUI classes, probation, and possible jail time depending on the circumstances.

What is the fine for a DUI in California?

The base fine for a DUI is typically around $390, but with penalty assessments and fees, the total cost often exceeds $1,800 to $2,500.

Is jail mandatory for a first DUI in California?

Jail is not always mandatory for a first DUI, but it is legally possible. Many first-time offenders may avoid jail through probation, alternative sentencing, or diversion programs.

How Technology and Data Impact DUI Cases in California

Modern DUI cases increasingly rely on technology, including breathalyzer devices, body-worn cameras, dashboard footage, and digital police reports. Prosecutors may also use data-driven tools to assess arrest patterns and testing results.

An experienced DUI defense attorney reviews this evidence carefully, identifying errors, calibration issues, procedural violations, and inconsistencies that technology alone cannot explain.

Who This Information Is For

This guide is for drivers arrested for DUI in California, first-time offenders, commercial drivers, underage drivers, and anyone searching for accurate, up-to-date information about DUI penalties and their legal rights.

Why DUI Penalties Should Be Reviewed by a Defense Attorney

DUI laws change frequently, and penalties vary based on county, judge, and case details. This information is provided for educational purposes only and does not replace legal advice. Speaking with an experienced California DUI attorney can help protect your rights and future.

Contact The Law Offices of Kirk Tarman & Associates Today

If you or a loved one is facing a DUI charge in California, don’t face it alone. The experienced attorneys at The Law Offices of Kirk Tarman & Associates are here to guide you through the legal process and provide the aggressive defense you need. Serving clients in Rancho Cucamonga, San Bernardino County, and nearby areas, we’re ready to fight for your rights and secure the best possible outcome for your case.

Contact us today for a free consultation and take the first step toward protecting your future.