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Home » DUI/DWI » DUI Penalties

California DUI Lawyers

California DUI Laws, 1st, 2nd, 3rd Offense

You Need to Hire an Experienced Los Angeles DUI Lawyer

Los Angeles DUI lawyer, David Chesley, and his team of experienced DUI lawyers are dedicated to providing you with the best criminal defense representation to obtain the best possible outcome in your criminal case.

If you are arrested for or accused of a DUI offense, California has one of the strictest DUI laws frameworks in the country and has imposed severe penalties for DUI/DWI offenses including jail time, monetary fines, suspension of driving licenses, and DUI schooling and/or rehabilitation program. According to the Wallethub study, California ranks on 21st on the scale of overall strictness of DUI laws and 19th position for strictest criminal penalties.

While it is good to research about the DUI penalties in California if you have a recent run-in with the law, information cannot defend you in the court, but a Los Angeles experienced DUI lawyer can. It is difficult to navigate the confusing and challenging police and court system on your own. You need the services of our aggressive criminal defense lawyers that understand the gravity of the situation and leave no stone unturned in resolving it successfully.

Factors Affecting DUI Penalties in California

The penalty for DUI offense is a combination of jail time, suspension of driving license, fines, and DUI schooling. The severity of the sentence for DUI criminal offense depends on two main factors.

Do you have a previous DUI/DWI record?
Is there any bodily injury, death or property damage in the accident?

A DUI in California is usually charged with a misdemeanor, but in some instances, it can be charged as a felony with more harsh sentences. Even though most of the cases are charged with a misdemeanor, the charges can become a part of your criminal record and will come up in your background check. If you want to come out clean in a DUI situation or want the penalty to be reduced to a minimum, you should consult with one of our Los Angeles experienced DUI lawyers.

When is a DUI charged as a Felony in California?

There are three instances in which the charges are enhanced and DUI is charged as a felony. These three situations include,

The DUI accident has resulted in an injury or death of another person.
There are 3 or more previous convictions of DUI or wet reckless driving on your driving.
There is a previous DUI felony conviction on your record.

Penalties for a DUI Misdemeanor in California

1st Offense DUI Misdemeanor in California

If it is your first run in with law involving DUI and does not involve any serious injury to other or property damage, you are most likely charged with 1st offense misdemeanor. You can face penalties up to,

Informal (otherwise known as “summary”) probation for 3-5 years
Up to 6 months in a county jail
Between $390-$1,000 in fines
A 3 or 9-month court-approved alcohol and/or drug education program
A 6-10-month driver’s license suspension – it can be converted to restricted driving license*

*A restricted license allows you to drive to and from work, school, or university. However, you will need a well-prepared defense by a knowledgeable lawyer to apply for restricted license.

2nd Offense DUI Misdemeanor in California

A second offense is that when you are facing DUI charges within 10 years of your first offense. A 2nd offense received harsher sentences than a 1st offense, but it is still usually charged as misdemeanor. The following penalties can be imposed for 2nd offense;

3-5 years of summary probation
A minimum of 96 hours to a maximum of 1 year in a county jail
Between $390-$1,000 in fines
Completion of an 18-month or 30-month court-approved California DUI school
Your driver’s license suspended for 2 years – after 12 months, it may be converted to a restricted license

*A restricted license allows you to drive to and from work, school, or university.

3rd Offense DUI Misdemeanor in California

A 3rd offense within the 10-year period can lead to strict DUI penalties. If you are convicted for 3rd offense, the penalties can be,

Between 3-5 years of informal probation
A minimum of 120 days to a maximum of 1 year in a county jail
Between $390-$1,000 in fines
Completion of a 30-month court-approved DUI education program
Your California driver’s license revoked for 3 years – after 18 months it may be converted to a restricted license
Designation as an “habitual traffic offender” (HTO) by the DMV

4th Offense DUI Felony (incl. subsequent DUI felonies) in California

A fourth or any subsequent DUI offenses are charged as felonies. The felony is the strictest level of penalties and a person facing DUI felony can face penalties including,

16 months, or 2-3 years in the California State Prison
Between $390-$1,000 in fines
A 4 year California driver’s license revocation
Designation as an “HTO” by the DMV

Circumstances Involving Injury or Death of Another Person

The cases involving death or injury of another person are strictly dealt by California’s DUI laws. A person with DUI with injury can either be convicted of a misdemeanor or a felony based on the assessment and analysis of circumstances. The following sentences are imposed for DUI injury cases.

Misdemeanor DUI with Injury in California

If the DUI resulted in injury of another person and you are convicted of misdemeanor, the sentences can include;

3-5 years of summary probation
5 days to 1 year in a county jail
$390-$5,000 in fines
A 3, 18, or 30-month alcohol program
A 1-3 years driver’s license restriction
Restitution to all injured parties

Felony DUI with Injury in California

If you are convicted of a felony in a DUI injury or death case, the penalties are;

16 months to 10 years in the California State Prison and an additional and consecutive 1-6 years prison sentence, depending on how many people you injured and the extent of their injuries
A possible “strike” on your record pursuant to California’s Three Strike’s Law
Between $1,015-$5,000 in fines
An 18 to 30-month alcohol/drug program
Habitual Traffic Offender (HTO) status for 3 years
Restitution to all injured parties

Our Experienced Los Angeles Criminal Defense Attorneys can help you!

No matter what the circumstances of arrest are, At the Law Offices of David S. Chesley, our aggressive DUI defense lawyers are ready to offer you a free consultation. In a DUI case, whether it is a misdemeanor or a felony, you need professional legal representation to get charges dropped and ensure minimum sentence.

Contact us for help
A DUI conviction can have devastating impact on your personal and professional life. A conviction will lead to a permanent mark on your criminal record and will also affect your driving record. One of our experienced California criminal defense attorneys will give you an upper hand in avoiding both. At the Law Offices of David Chesley, we invite you to contact us for your free initial consultation. During this consultation we will help you explore all the options available to you when fighting a DUI or any other type of criminal charges.
To set up a free consultation or if you have any questions, contact us through our website or give us a call. One of our expert California criminal defense lawyers will be waiting to speak with you. Call us today at 1-800-755-5174.

Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.