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DUI Sentencing Chart

Orange County DUI Sentencing Breakdown

VEHICLE CODE VIOLATION	MINIMUM SENTENCE	MAXIMUM SENTENCE
23152(a) or (b)*	If probation granted, either option A) or B) may be imposed: 48 hours in jail, a fine of $390, driver’s license will be suspended for 6 months and attendance at an alcohol/drug program; 90 day driver’s license restriction, a fine of $390 and attendance at an alcohol/drug program Without probation: 96 hours in jail, a fine of $390 and driver’s license will be suspended for 6 months * Commercial driver’s license shall be suspended for 12 months if the offense occurred in a vehicle requiring a class A or B driver’s license	6 months jail and $1,000 fine; driver’s license suspended for 6 months
23152(a) or (b)* – within 10 years of one prior conviction for 23152, 23153 or 23103 per VC 23103.5	If probation granted, either option A) or B) may be imposed: 10 days in jail, a fine of $390 and driver’s license suspended for 24 months; 96 hours in jail, a fine of $390. 18 months driver’s license restriction and attendance at an 18 month alcohol/drug program Without probation: 90 days in jail, a fine of $390 and driver’s license will be suspended for 24 months * Commercial driver’s license shall be revoked for life if the offense occurred in a vehicle requiring a class A or B driver’s license	1 year jail and $1,000 fine; driver’s license suspended for 24 months
23152(a) or (b) – within 10 years of two prior convictions for 23152, 23153 or 23103 per VC 23103.5	If probation granted:120 days in jail, a fine of $390, driver’s license revoked for 3 years, habitual traffic offender designation for 3 years and an 18 month alcohol/drug program, if not previously completedWithout probation: 120 days in jail, a fine of $390, driver’s license revoked for 3 years and habitual traffic offender designation for 3 years	1 year jail and $1,000 fine; driver’s license revoked for 3 years; habitual offender designation for 3 years
23152(a) or (b) – within 10 years of three prior convictions for 23152, 23153 or 23103 per VC 23103.5	If probation granted:180 days in jail, a fine of $390, driver’s license revoked for 4 years, habitual traffic offender designation for 3 years and an 18 month alcohol/drug program, if not previously completedWithout probation: 180 days in jail, a fine of $390, driver’s license revoked for 4 years and habitual traffic offender designation for 3 years	1 year jail and $1,000 fine; driver’s license revoked for 4 years; habitual offender designation for 3 years
23153(a) or (b)	If probation granted:5 days in jail, a fine of $390, driver’s license suspended for 1 year and attendance at an alcohol/drug programWithout probation: 90 days in jail, a fine of $390 and driver’s license revoked for 3 years	1 year jail and $5,000 fine; driver’s license revoked for 3 years
23153(a) or (b) – within 10 years of one prior conviction for 23152, 23153 or 23103 per VC 23103.5	If probation granted, either option A) or B) may be imposed: 120 days in jail, a fine of $390, driver’s license revoked for 3 years and attendance at an alcohol/drug program 30 days in jail, a fine of $390, driver’ license revoked for 3 years and attendance at an alcohol/drug program Without probation: 120 days in jail, a fine of $390 and driver’s license revoked for 3 years	1 year jail and $5,000 fine; drier’s license revoked for 3 years
23103 pursuant to V.C. 23103.5** This conviction will serve as a prior DUI conviction if I commit one or more DUI offenses within 10 years	If probation granted:participation in an alcohol and drug treatment programIf probation not granted: 5 days in jail and a fine of $145	190 days in jail and $1,000 fine

DRIVING UNDER THE INFLUENCE ENHANCEMENTS	INCREASE IN PUNISHMENT
Willful refusal to submit to or to complete a blood-alcohol chemical test(V.C. 23577)	First offense of V.C. 23152 – 48 hours in jail added to any other sentenceSecond offense of V.C. 23152 – 96 hours in jail added to any other sentenceThird offense of V.C. 23152 – 10 days in jail added to any other sentenceFourth or subsequent offense – 189 days in jail added to any other sentenceFirst offense of V.C. 23153 – 48 hours in jail added to any other sentenceSecond offence of V.C. 23153 – 96 hours in jail added to any other sentence
Driving a vehicle 30 or more miles per house over the speed limit on a freeway in a reckless manner OR driving a vehicle 20 or more miles per hour over the speed limit on any street or highway in a reckless manner (V.C. 23582)	60 days in jail in addition to any other sentence
One or more passengers in the vehicle was a minor under the age of 14 years(V.C. 23572)	First offense of V.C. 23512 – 48 hours in jail added to any other sentenceSecond offense of V.C. 23512 – 10 days in jail added to any other sentenceThird offense of 23512 – 30 days in jail added to any other sentenceFourth or subsequent offenses – 60 days in jail added to any other sentence

VEHICLE CODE VIOLATION	FIRST OFFENSE	SECOND OR SUBSEQUENT OFFENSE
14601.3(a)	30 days jail and $1,000 fine	If within 7 years of prior conviction of 14601.3(a)180 days jail and a fine of $2,200

VEHICLE CODE VIOLATION	MINIMUM SENTENCE	MAXIMUM SENTENCE
14601(a)	5 days jail and $300 fine	6 months jail and $1,000 fine
14601(a) – within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5	10 days jail and $500 fine10 days jail required if probation granted	1 year in jail and $2,000 fine
14601.1(a) or (b)	$300 fine	6 months jail and $1,000 fine
14601.1(a) or (b) within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5	5 days jail and $500 fine	1 year jail and $2,000 fine
14601.2(a) or (b)	10 days jail, $300 fine and ignition interlock device10 days jail required if probation granted and ignition interlock device	6 months jail and $1,000 fine
14601.2(a) or (b)* within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5	30 days jail, $500 fine and ignition interlock device30 days jail required if probation granted and ignition interlock device* If I was designated as a habitual traffic offender within three years of this conviction, I will serve an additional 180 days jail and pay a fine of $2,000	1 year jail and $2,000 fine
14601.2(a) or (b) within 7 years but over 5 years, from a prior conviction for 14601, 14601.1, 14601.2 or 14601.5	10 days jail, $300 fine and ignition interlock device10 days jail required if probation granted and ignition interlock device	6 months jail and $1,000 fine
14601.5(a) or (b)	$300 fine	6 months jail and $1,000 fine
14601.5(a) or (b) – within 5 years of a prior conviction for 14601, 14601.1, 14601.2 or 14601.5	10 days jail and $500 fine	1year jail and $1,000 fine
20002(a)	None required under the statue	6 months jail and $1,000 fine
12500(a)	None required under the statue	6 months jail and $1,000 fine

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DUI Offences