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!!
| 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 |
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 Number | Section 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 Number | Section 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 Number | Section 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 Number | Section 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 Number | Section 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 Number | Section Title |
| 23600 | Sentencing: Minimum Probation Conditions |
| 23601 | Probation: Payment of Money |
| 23602 | Penalty: Violation of Probation |
The DUI attorneys and DWI lawyers listed on this site include nationally published authors on DUI laws and DWI laws. These Drunk Driving Defense Attorneys have appeared in over 75 local television stations and 229 newspapers nationwide.
Understanding DUI Scientific Evidence
This product provides an insider's perspective on the evolving technologies and procedures associated with the evidence associated with driving under the influence (DUI) charges. Leading defense attorneys guide the reader through the key stages and steps involved in successfully defending a client accused of driving while under the influence.
