DUI Penalties in San Diego

A DUI offense in San Diego can be charged as a misdemeanor (California Vehicle Code section 23152) or a felony DUI (California Vehicle Code section 23153). Most cases are misdemeanor DUI but if somebody else was injured or killed as a result of you drink driving then it will be escalated to a felony DUI.

First DUI Offense

96 hours to 6 months in jail and a fine of $390-$1000. DMV imposes a 6 month driver’s license suspension.

First DUI Offense With Probation

If the court grants you probation then the judge can substitute the fine or jail time with attendance at a mandated DUI program. You may also be granted a restricted driver’s license which allows you to drive to and from work at specific times and also allows you to drive to attend the DUI program.

Second DUI Offense

90 days to 1 year in jail and a fine of $390-$1000. This fine can be increased significantly by other penalty assessments. You may also have an Ignition Interlock Device (IID) fitted for up to 3 years. DMV imposes a 2 year driver’s license suspension.

Second DUI Offense With Probation

If the court grants you probation then your fine or jail time can be reduced in return for attendance at a 18-30 month DUI program. After 1 year of license suspension and completion of DUI program you may be granted a restricted driver’s license which allows you to drive to and from work.

Third DUI Offense

120 days to 1 year in jail and a fine of $390-$1000 with potential for additional fines. DMV imposes a 3 year drivers license suspension.

Third DUI Offense With Probation

Attendance at an 18 month DUI program may reduce your jail time or fines but you won’t get a restricted driver’s license.

Fourth DUI Offense

16 months to 3 years in state prison, or 180 days to 1 year in county jail and a fine of $390-$1000 with potential for additional fines. DMV imposes a 4 year drivers license suspension.

Fourth DUI Offense With Probation

Attendance at an 18 month DUI program may reduce your jail time and fines but no chance of a restricted driver’s license.

Probation Violations

Whilst on probation for a DUI offense in San Diego you are not allowed to have any alcohol whatsoever in your bloodstream. If you are pulled over by a police officer and found to have 0.01% Blood Alcohol Content BAC then you will immediately lose all driving privileges, such as the restricted driver’s license that allows you to travel to and from work.

Driving With Suspended License

There is a mandatory jail sentence of 10 days to 6 months and a fine of $300-$1000 for driving when your license has been suspended or revoked for drunk driving in San Diego.