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Drunk Driving penalties in California are set by statute and can be highly complex. The range of sentences are established by law with sentence enhancements applied to the following:
  • Having a prior conviction within ten years

Prior Convictions - For defendants having one prior drunk driving conviction (DUI or .08% or more) within the past 10 years, the minimum jail sentence, DUI school and license suspension penalties are increased. Two priors within ten years increases the penalties even more; and three "priors" within 10 years can result in felony charges punishable by state prison.

  • Speeding 20 or 30 mph over the limit

Speeding and/or Reckless Driving - This enhancement involves driving in excess of a specified speed while under the influence of alcohol or over the .08 percent Blood Alcohol Concentration [BAC]. California, enhances the penalty for drunk driving when a defendant also drives 20 mph over the speed limit on a surface street or 30 mph over the speed limit on a freeway.

  • Having a child under 14 in the car

Child Endangerment - Increased penalties apply when a minor (an individual under 14 years of age) is a passenger in the vehicle and the driver is deemed to be under the influence.

  • Accident or Injury


Accident or Injury - Causing property damage while under the influence can trigger more severe sentencing and may result in a seperate offense. When personal injury involved, the offense can be elevated to felony.


  • Having a blood-alcohol reading over .15%  

  • Refusing to submit to chemical testing

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