Criminal Penalties

Generally, a first DUI conviction in California is a misdemeanor. ... (Get a better idea of how much a first DUI will cost you.) And a judge can sentence a first offender to serve two days to six months in jail (though no jail is required if probation is granted).

In California, a DUI is considered a “binary offense.” ... After you are arrested for a DUI, you have 10 days to request a reinstatement of your driving privileges from the DMV. If this is a first or second offense, they will probably give you back your driving privileges.

California DUI fines range from $390 to $5,000 plus penalty assessments & fees that can raise the total cost to $18,000, depending on your DUI charge. DUI with injury or property damage may also require you to pay injured parties.

Even if you're able to convince the prosecutor to drop the DUI charges, you won't be able to get away penalty-free. As noted above, a driver-responsibility class can be expensive. However, you may be able to keep from having a DUI on your record by pleading guilty to a lesser offense such as reckless driving.

At that point, the case should be dismissed. Trial is another great time to beat your DUI, even if your test result shows you as being over the legal limit. Your defense attorney is “at home” in a courtroom setting; the cops are not. ... When the officer loses credibility, defendants beat a DUI charge.