US-CaliforniaWhat are the penalties for a first DUI offense in California?
A first DUI offense in California is a misdemeanor punishable by up to 6 months in jail, fines of $390–$1,000 (plus penalty assessments), mandatory DUI school, and a 1-year license suspension.
What the Law Says
California law treats a first-time DUI as a misdemeanor under Vehicle Code § 23152. Penalties are set by statute and include incarceration, fines, driver’s license consequences, and mandatory education or treatment.
Under Vehicle Code § 23152(a), it is illegal to drive under the influence of alcohol or drugs. Under § 23152(b), it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher — 0.04% for commercial drivers and 0.01% for drivers under 21 or on probation for a prior DUI.
Vehicle Code § 23538 requires completion of a state-approved DUI program — typically 3 months for a standard first offense, but up to 9 months if BAC was 0.15% or higher or if there was a passenger under age 14.
Vehicle Code § 13352(a)(1) mandates a one-year driver’s license suspension by the DMV for a first DUI conviction, unless the driver enrolls in and complies with the Ignition Interlock Device (IID) pilot program in eligible counties.
Fines are set by Vehicle Code § 23536(a): 'The court shall impose a base fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000)…' Additional penalty assessments nearly triple the total amount owed.
Statutory TextIt is unlawful for a person who is under the influence of alcoholic beverages… to drive a vehicle.
— Vehicle Code § 23152(a) — Driving under the influence
Statutory TextIt is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
— Vehicle Code § 23152(b) — Per se BAC violation
Statutory TextThe court shall impose a base fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000)…
— Vehicle Code § 23536(a) — Base fine for first offense
Statutory TextThe department shall suspend the privilege of a person to operate a motor vehicle for a period of one year… upon receipt of an order of conviction…
— Vehicle Code § 13352(a)(1) — License suspension
What to Do
Request a DMV administrative hearing within 10 days of arrest to challenge license suspension.
Appear in criminal court on your arraignment date and consider consulting a DUI defense attorney.
Enroll in a state-certified DUI program (3 or 9 months) as ordered by the court.
Apply for a restricted license after 30 days (if eligible) and install an ignition interlock device (IID) if required by county.
Pay all fines, fees, and penalty assessments — note that the $390–$1,000 base fine will increase to ~$1,800–$2,500 with assessments.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.