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DUI FIRST OFFENSE CONDITIONS OF PROBATION
§ 23538. Condition of Probation for First Offense; Reporting Requirements.
(a)(1) If the court grants you probation for your first DUI offense, the court can impose a fine of $390 to $1,000. The court can also impose a jail sentence of 48 hours to 6 months.
(2) Your driver’s license will be suspended (see § 13352) and you will have to surrender your license to the court.
(3) The court, if it believes you will be a traffic or safety hazard if it grants you a restricted license (see § 13352), can deny you a restricted license.
(b) As a condition of probation, you may also be ordered to enroll in and complete a DUI program at your expense. Credit will not be given for past DUI programs if they were completed before your current arrest.
(1) If your blood alcohol content was less than .20, the court can order you to complete at least 3 months of DUI-type programs that require at least 30 hours of program activities.
(2) If your blood alcohol content was .20 or greater and you refused to take a chemical test, the court can order you to complete a DUI-type program of at least 45 hours of program activities.
(3) You will not get your driver’s license back until you provide proof of successful completion of the DUI program.
(c)(1) Your probation can be revoked by the court if you fail to enroll in or successfully complete the DUI program.
(2) Once you have been ordered to complete a DUI program, your progress will be monitored and any failure to comply will be reported to the court.
Do Not Rely on This Statutory Interpretation. It is for Guidance Only! Make sure you consult the actual California Vehicle Code for the most accurate and current statement of the law.
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