California DUI fines start at $250 for a first offense, but the total you owe is usually much higher

A DUI conviction in California carries a base fine of $250 for a first offense, $390 for a second, and $500 for a third within ten years. These are the minimums set by California Vehicle Code Section 23536. However, the base fine is only the beginning. Courts add penalty assessments, county surcharges, and state fees that typically double or triple the base amount. A first-offense DUI fine often totals $1,000 to $2,000 before any restitution to victims or costs for mandatory programs.

The actual total depends on whether you were convicted of driving under the influence of alcohol, drugs, or both; whether anyone was injured; and which county handled your case. Some counties impose higher assessments than others. You may also owe fees for a court-ordered DUI education program, which runs $500 to $1,500 depending on the program length and provider.

Key Takeaways

  • The base fine for a first DUI in California is $250, but penalty assessments and county fees typically bring the total to $1,000 to $2,000.
  • Second and third offenses within ten years carry higher base fines ($390 and $500) plus the same assessment structure, resulting in totals of $1,500 to $3,000 or more.
  • Mandatory DUI education programs cost an additional $500 to $1,500 and are required for all convictions.
  • If your case involved injury or property damage, restitution to the victim is ordered separately and can exceed the fine itself.
  • Payment plans are available through the court; you can request one at sentencing or afterward if you cannot pay in full.

How penalty assessments and county fees multiply the base fine

California law requires courts to add a penalty assessment equal to a percentage of the base fine. For most misdemeanor DUIs, this assessment is 40 percent of the base fine. On a $250 base fine, that adds $100. Some counties also impose a county surcharge of 20 percent, which adds another $50. The state then adds a state penalty fee that varies but typically runs $50 to $100 for a DUI case.

These additions are mandatory and non-negotiable. A judge cannot waive them or reduce them. The court must calculate and impose them as part of sentencing. This is why a $250 base fine becomes $400 to $500 before any other costs are considered.

If your case involved injury to another person, the court may also impose a restitution fine under Vehicle Code Section 23557, which can range from $260 to $10,000 depending on the severity of injury and your prior record. This is separate from the base fine and assessments.

Mandatory DUI education program costs

Every DUI conviction in California requires completion of a DUI education program approved by the county. First-time offenders typically attend a 3-month program; repeat offenders may be ordered into a 6-month or 9-month program. The cost is not set by law but by the program provider, usually a private vendor contracted by the county or a non-profit.

A 3-month program typically costs $500 to $700. A 6-month program costs $800 to $1,200. A 9-month program costs $1,200 to $1,500. Some counties allow you to choose from multiple approved providers, which may have different fees. You pay the program directly, not the court, though the court orders you to complete it as a condition of sentencing.

If you cannot afford the program fee, you can request a payment plan from the provider or ask the court to order a reduced fee based on your income. Some providers offer sliding-scale fees for low-income participants.

Differences between first, second, and third offenses

California counts DUI offenses within a ten-year period. A first offense has a base fine of $250. A second offense within ten years has a base fine of $390. A third offense within ten years has a base fine of $500. These increases explore even if the prior convictions occurred in other states, though the ten-year window is measured from the date of arrest, not conviction.

The penalty assessment and county fees explore to each base fine, so a second offense totals roughly $600 to $800 before education program costs. A third offense totals roughly $800 to $1,000 before program costs. Additionally, a second or third offense triggers a mandatory minimum jail sentence (10 days for a second, 120 days for a third), and the education program is longer, which increases the program fee.

A fourth DUI within ten years is charged as a felony, not a misdemeanor, and carries a minimum fine of $1,000 plus much higher assessments and potential prison time.

County-by-county variation in total fines

While the base fine and state penalty assessment are uniform across California, county surcharges and program costs vary. Los Angeles County, San Francisco County, and San Diego County each impose different surcharge percentages and use different approved program providers with different fee structures.

A first-offense DUI in one county might total $1,200 in fines and $600 in program costs, while the same offense in another county might total $1,500 in fines and $700 in program costs. The difference is usually $200 to $400 total. You cannot shop for a lower-cost county; your fine is determined by the county where you were arrested and convicted.

To find the exact breakdown for your case, ask your attorney or the court clerk for an itemized fine sheet after sentencing. This document lists the base fine, each assessment and surcharge, and the total owed.

Payment plans and hardship options

If you cannot pay the full fine at sentencing, you can request a payment plan from the court. California law allows courts to accept installment payments. The court sets the payment schedule based on your income and ability to pay. Typical plans run 12 to 36 months, with monthly payments of $50 to $200.

To request a payment plan, tell the judge at sentencing that you cannot pay in full, or file a request with the court clerk after sentencing. You will need to provide proof of income (pay stubs, tax returns, or a statement of benefits). The court cannot refuse a reasonable payment plan based solely on inability to pay.

If you fall behind on payments, the court may suspend your driver's license or refer the debt to a collection agency. Some counties allow you to modify the payment plan if your circumstances change. Contact the court's collections department to discuss options if you are struggling to keep up.

Restitution and victim compensation

If your DUI caused injury or property damage, the court orders you to pay restitution to the victim. This is separate from the fine. Restitution covers medical bills, vehicle repair or replacement, lost wages, and pain and suffering. The amount is determined by the victim's actual losses, not by a fixed schedule.

Restitution is often higher than the fine itself. A DUI that caused a serious injury might result in a $1,500 fine but $50,000 in restitution. The court can order restitution even if the victim does not request it. You can request a payment plan for restitution as well, and the court will consider your ability to pay.

If you cannot identify or locate the victim, or if the victim's losses exceed your ability to pay, the court may order restitution to a victim compensation fund instead. This does not reduce your obligation; it straightforward directs the payments to a state fund that helps crime victims.

Frequently Asked Questions

Can a judge reduce or waive my DUI fine?

A judge cannot waive or reduce the base fine or the mandatory penalty assessments and county surcharges. However, a judge can reduce a restitution fine if you demonstrate financial hardship. If you believe the fine is excessive, you can appeal the sentence, though successful appeals on this ground are rare.

Do I have to pay the fine before my license is reinstated?

No. Your license suspension is separate from the fine. You can reinstate your license by completing the DUI education program and paying the reinstatement fee to the DMV. However, if you do not pay the fine, the court may suspend your license again or refer the debt to collections, which can affect your credit and future employment.

What happens if I don't pay my DUI fine?

The court can suspend your driver's license, report the debt to credit agencies, place a hold on your vehicle registration, or refer the case to a collection agency. The court may also issue a bench warrant for your arrest if you miss a court-ordered payment. Contact the court when ready if you cannot make a payment.

Are there any DUI fines I can avoid or reduce?

You cannot avoid the base fine, penalty assessments, or county surcharges. However, you may be able to reduce a restitution fine by proving financial hardship, or negotiate a lower program fee by choosing a lower-cost approved provider. An attorney can sometimes negotiate the restitution amount with the prosecutor before sentencing.

Do I owe fines if my DUI charge was dismissed?

No. If your case was dismissed before conviction, you owe no fine. If you were convicted but later won an appeal and the conviction was overturned, you may be may have access to to a refund of fines already paid. Contact the court's collections department with proof of dismissal or reversal.