A first DUI in California is usually a misdemeanor, and while it rarely means a long jail sentence, the penalties stack up fast. The law allows for a range, and where you land depends on your BAC, the facts, and how the case is handled.
Here's what a first DUI conviction can carry:
- Jail: county jail exposure of up to 6 months, though first offenders often avoid actual jail time
- Fines: base fines that climb well past a thousand dollars once court fees and penalty assessments are added
- Probation: typically 3 to 5 years of informal probation
- DUI school: a state-approved alcohol program, often the 3-month course for lower BAC cases
- License suspension: a suspension through the court, plus a separate action from the DMV
That DMV piece is separate from the court case and moves on its own clock. You generally have only 10 days after arrest to request a hearing or the suspension kicks in automatically.
None of this is fixed in stone. A first DUI can sometimes be reduced to a wet reckless or challenged outright when the stop, the testing, or the officer's observations don't hold up. The penalties above are the ceiling, not a guarantee.
Our first DUI defense page walks through your options, and will I go to jail for a first DUI tackles the fear most people have first.
Facing a first DUI? Call (858) 622-7280 or visit our contact page for a free, confidential consultation.
This is general information, not legal advice, and every case is different.