A first DUI in California: what it can result in

California writes two different first offences into the code and almost everyone gets the second one. Section 23536 is the straight sentence: not less than ninety-six hours in county jail, at least forty-eight of which must be continuous, up to six months, and a fine of $390 to $1,000. Section 23538 is what happens when the court grants probation instead, which is the ordinary outcome: the same fine becomes a condition of probation, and jail becomes discretionary at forty-eight hours to six months rather than mandatory at ninety-six. Two details soften the custody further. The court must order that time be served on days other than the person’s regular working days, and if forty-eight continuous hours would clash with the work schedule it must allow the time to be served whenever the person is normally off — a determination the court can make on the defence attorney’s representation alone. The licence is suspended by the department either way, and where the court judges the person a traffic or public safety risk it may disallow the restricted licence that would otherwise be available.

Start from what the statute forces and what it leaves to the judge. The floor here is not less than 96 hours, at least 48 of them continuous, up to six months. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Misdemeanor: not less than 96 hours, at least 48 of them continuous, up to six months, and a fine of $390 to $1,000. The range is set by Cal. Veh. Code §§ 23536, 23538, 13352, 13352.4, and the figures on this page come from the statute rather than from a summary of it.

California runs a statewide pilot program covering offenses from 1 January 2019 through 31 December 2032. Fit the device and you may drive anytime and anywhere, as long as the vehicle has one. A first offense that involved neither drugs alone nor injury is excluded from the mandate altogether — the requirement starts with injury or a prior conviction. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by California DMV, on the court abstract of conviction.