Violation of California Vehicle Code Sections 23152(a) or 23152(b) is commonly referred to as a DUI and may include driving under the influence of alcohol, drugs or a combination of both. 

    If you have been arrested for DUI, you are not alone.  In 1997, 1.4 million people were arrested in the U.S. for driving under the influence (DUI) or driving while intoxicated (DWI)  (NHTSA, 1999)

What is the penalty?

  When arrested for DUI in California, a person faces penalties in a criminal hearing before a magistrate and administrative penalties before the Department of Motor Vehicles.


1st Offense Court Min  Court Max DMV Min  DMV Max 
     Jail 48 Hours 6 Months --- ---
     Probation 3 Years 5 Years --- ---
     Fine $390 $1,000 --- ---
     License Restriction 90 Days --- --- ---
     License Suspension --- 6 Months 4 Month 1 Year
     Education Required Required --- ---
2nd Offense Court Min Court Max  DMV Min  DMV Max
     Jail 48 Hours 1 Year --- ---
     Probation 3 Years 5 Years --- ---
     Fine $390 $1,000 --- ---
     License Restriction 18 Month 30 Month --- ---
     License Suspension --- 18 Month 1 Year ---
     License Revocation --- --- --- 2 Years
     Education 18 Months 30 Months --- --- 
3rd Offense  Court Min Court Max DMV MIN  DMV Max 
    Jail 120 Days 1 Year --- ---
    Probation 3 Years 5 Years --- ---
    Fine $390 $1,000 --- ---
    License Restriction --- --- --- ---
    License Suspension --- --- --- ---
    License Revocation 3 Year 3 Year 3 Year 3 Year
    Education 18 Months 30 Months --- ---
4th+ Offense Plan on
State Prison
Contact an

   In addition to the above, in certain situations your vehicle can be seized.  Administrative costs are added to the court's fine - sometimes as much as double the fine amount.
   The court does not have to impose any given penalty.  For example, a sentence might not include any jail time.  Complications, such as an accident, can significantly change the penalties. 
   All convictions also count as 2 points against your license.

What Was My Blood Alcohol Level?

  Use this handy calculator to ESTIMATE your blood alcohol level. Due to differences in drink strenght and personal metabolism, this calculator should only be used as a rough guess.

    (Beer ~ 12 oz. Wine Glass ~ 4 oz. 1 Shot ~ 1.5 oz)
    (Beer ~ 4-4.5% Wine ~ 15-20% 1 Shot ~ 30-50%)
Fluid Ounces Consumed Percent Alcohol
Your Weight (Lbs) Hours Consuming Drink
BAC Percentage
BAC Analysis

What should I expect?

  As a first time offender, if there are is no accident or other complications involved, a reasonable penalty is:

  •     $1,200 total in fines and administrative costs.
  •     3 years informal probation.
  •     3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.) or 90 license restriction
  •     32 hours of education
What can I do to fight the DMV penalties?

  You can request a DMV hearing.  If you do not make the request within ten days of your arrest, you may not be allowed to contest the penalties.  Very often, the police will take your license during the arrest and give you a paper temporary license.

Do I need an attorney?

    You should never try to represent yourself or appear and just plead guilty to an alcohol related offense, even if it's your first. You could be sentenced to jail, ordered to pay a large fine, and subjected to other penalties which, under certain circumstances, could include the loss and sale of your motor vehicle and/or a prison sentence. Additionally, some violations are now a "strike" under the 3-strikes law.

Tell us about your case

   You can now send us your case information via our form and we'll get right back to you. 

Where do I get my "Education"?

Kern County currently has only two schools available: STEPS and TAASK.

S.T.E.P.S. - Special Treatment Education and Prevention Services, Inc. 

 3533 Mt. Vernon Avenue 
 Bakersfield, CA  93306 
 Phone: 661-871-3353
 Fax:   661-871-9549

T.A.A.S.K. - Traffic and Alcohol Awareness School of Kern, Inc.

 324 Oak Street, Suite A,
 Bakersfield, CA  93304 
 Phone: 661-832-3283
 Fax:   661-322-7906

 525 Bear Mountain Blvd.
 Arvin, CA  93203 
 Phone: 661-832-3283
 Fax:   661-322-7906

 623 Main Street
 Delano, CA  93215 
 Phone: 661-832-3283
 Fax:   661-322-7906

 511 Central Valley Hwy
 Shafter, CA  93263 
 Phone: 661-832-3283
 Fax:   661-322-7906

 210 East Center Street
 Taft, CA 93268 
 Phone: 661-832-3283
 Fax:   661-322-7906

 443 W. Church Street
 Ridgecrest CA 93555 
 Phone: 619-371-9412
 Fax:   619-371-4803

 15666 "K" Street
 Mojave, CA  93501 
 Phone: 619-371-4581

What if I am not in California?

   Choose your area <<here>>

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Copyright © 2002, Law Offices of George A. Boyle