I noticed many different San Diego DUI attorneys using this particular table when trying to describe DUI penalties. There are many factors that go into different penalties, which can be quite complicated. Here is a quick outlook of what you may be facing if you get arrested for drunk driving in San Diego.
| OFFENSE | MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED |
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION |
WITH OR WITHOUT PROBATION |
|---|---|---|---|
| FIRST OFFENSEwithin 10 years | Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 180% apx.), plus either (A) 48 hours to 6 months jail and 10 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). |
96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension. |
May impound vehicle for 6 months.Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more. |
| SECOND OFFENSEwithin 10 years | Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installationof ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. |
90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension. |
|
| THIRD OFFENSEwithin 10 years | 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. |
120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation. |
|
| FOURTH OR SUBSEQUENT OFFENSEwithin 10 years |
120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. |
16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation. |