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Below is the basic law regarding penalties for a first time DUI conviction in California found in
the California Vehicle
Code Section 23536. If you have been
accused of Drunk Driving in California, you can see that a conviction under California DUI law can be be
very serious. Contact a California DUI attorney with your specific questions
concerning the defense of your DUI.
Driving Under Influence of Alcohol or Drugs
Penalty: First Conviction
23536. (a) If a person is convicted of a first violation of Section 23152, that
person shall be punished by imprisonment in the county jail for not less than 96
hours, at least 48 hours of which shall be continuous, nor more than six months,
and by a fine of not less than three hundred ninety dollars ($390), nor more
than one thousand dollars ($1,000).
(b) The court shall order that a person punished under subdivision (a), who is
to be punished by imprisonment in the county jail, be imprisoned on days other
than days of regular employment of the person, as determined by the court. If
the court determines that 48 hours of continuous imprisonment would interfere
with the person's work schedule, the court shall allow the person to serve the
imprisonment whenever the person is normally scheduled for time off from work.
The court may make this determination based upon a representation from the
defendant's attorney or upon an affidavit or testimony from the defendant.
(c) The person's privilege to operate a motor vehicle shall be suspended by the
department under paragraph (1) of subdivision (a) of Section 13352. The court
shall require the person to surrender the driver's license to the court in
accordance with Section 13550.
(d) Whenever, when considering the circumstances taken as a whole, the court
determines that the person punished under this section would present a traffic
safety or public safety risk if authorized to operate a motor vehicle during the
period of suspension imposed under paragraph (1) of subdivision (a) of Section
13352, the court may disallow the issuance of a restricted driver's license
required under Section 13352.4.
(e) This section shall become operative on September 20, 2005.
Amended Sec. 11, Ch. 756, Stats. 1998. Effective January 1, 1999. Operative July
1, 1999. Supersedes Ch. 118.
Amended and renumbered from 23160 Sec. 19, Ch. 22, Stats. 1999. Effective May
26, 1999. Operative July 1, 1999.
Amended Sec. 19, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 15, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative
September 20, 2005.
California DUI Penalties:
Penalty
- First Conviction
Conditions of
Probation - First DUI Conviction
Additional Legal and DUI Resources:
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