California DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in California: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in California, consult a licensed California criminal defense attorney.

California DUI / DWI Penalties

OffensePenalty
First OffenseUp to 6 months jail, $390–$1,000 fine, 6-month suspension
Second Offense96 hours–1 year jail, $390–$1,000 fine, 2-year revocation

DUI school required; ignition interlock device may be required

DUI / DWI Statute of Limitations in California

In California, the general statute of limitations for a felony is 3 years and for a misdemeanor is 1 year.

See all California statutes of limitations →

Defending Against DUI / DWI Charges in California

Common defenses in California dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a California criminal defense attorney for advice.

Related California Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication