Penalties and Enhancements

If you are convicted of a DUI, the penalties vary depending on if you have prior DUI convictions in the last ten years. The penalties for a first, second, third, and fourth offense are below. If you are charged with additional DUI enhancements like driving with a minor in your vehicle or refusal to submit to a chemical test, this may increase your penalties. For the effect of enhancements, please see the enhancements section below.

Unlike most other criminal offenses, DUIs have both consequences in criminal court, and through the DMV. The experienced criminal defense attorneys at Hamasaki Law can represent you in both proceedings.

Penalties for Standard DUI

First DUI

  • Probation: If you are convicted of a first time DUI, courts generally impose a three year term of informal court probation. Court probation means that you will not have a probation officer to report to. A condition of your probation is that you cannot drive with any measureable amount of alcohol in your system. If you are pulled over while on probation, you will have to submit to a chemical test if requested.
  • Fines and Fees: Court fines fees and vary between counties. These fees can be at once or overtime through payment plans.
  • Driver's License Suspension: Your license may be suspended for 6 months on a standard first time DUI. You may be eligible for a restricted license after 1 month.
  • DUI School: You may be required to attend a DUI school.
  • Jail Time: Up to six months in the county jail.

Second DUI

  • Probation: A second DUI within 10 years can result in formal or informal probation, generally from three to five years. Court probation means that you will not have probation officer to report to. If you are granted formal probation, you will be assigned a probation officer and be required to check in with probation.
  • Fines and Fees: Court fines and fees vary between counties. These fees can be at once or overtime through payment plans.
  • Driver's License Suspension: You may lose your driver's license for 2 years, and are eligible for a restricted license after one year.
  • DUI School: You will be required to do an 18 or 30 month DUI school.
  • Ignition Interlock Device: You will have to install an ignition interlock device in your car for a period of time and agree not to drive cars that do not have an ignition interlock device.
  • Jail Time: Up to one year in the county jail.

Third DUI

  • Probation: Courts generally impose between three and five years of formal or informal probation for a third DUI within 10 years. Unlike court probation, formal probation means you have a probation officer whom you must meet on a regular basis. A skilled criminal lawyer will advocate for court probation.
  • Fines and Fees: Court fees vary by county. These fees can be at once or overtime through payment plans.
  • Driver's License Suspension: Your license may be revoked for three years, although a restricted license may be obtained after 18 months.
  • Ignition Interlock Device: You may have to install an ignition interlock device in your car for a period of time and agree not to drive cars that do not have an ignition interlock device.
  • DUI School: 18 or 30 month DUI school
  • Jail Time: Up to one year in the county jail, with a statutory minimum of 120 days jail time. In certain circumstances, this jail time can be converted to home arrest and/or rehabilitation.


Fourth DUI

The consequences of fourth DUI in a ten-year period vary depending on whether it is charged as a misdemeanor or a felony. If it is charged as a misdemeanor, you must serve a minimum of 180 days in jail and will have your license suspended for at least four years. If it is charged as a felony you will face up three years in state prison, permanent loss of license, substantial fines and fees and probation. Because of the severe consequences, it is essential to obtain a criminal defense attorney to guide you through the process. For more information on Felony DUIs, please contact Hamasaki Law. (Link to Felony DUI section on our website.)

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