California Vehicle Code (CVC): Tickets, DUI, and Penalties

The California Vehicle Code sorts traffic laws and penalties into three tiers: infractions you pay a fine for, misdemeanors that can put you in county jail, and felonies that can send you to state prison. A routine speeding ticket with a $35 base fine ends up costing several times that once state assessments are added. A first DUI starts at 96 hours in jail, a six-month license suspension, and fines before assessments that already reach $1,000. Most violations also drop one or two points on your driving record, and enough points in a short enough window costs you your license.

The Three Classifications

Which tier a violation falls into decides almost everything else about the penalty.

  • Infractions are non-criminal. Speeding, running a stop sign, failing to signal. You pay a fine and may get a point on your license. No jail, no criminal record.
  • Misdemeanors are criminal. Up to six months in county jail and fines up to $1,000 before assessments. Reckless driving, a first DUI, and driving on a suspended license all live here. A conviction creates a criminal record.
  • Felonies are the most serious. Felony DUI, hit-and-run causing serious injury, and vehicular manslaughter can bring state prison and fines up to $10,000.1Justia. California Code Vehicle 42000-42010 – Public Offenses

Some offenses are “wobblers” that a prosecutor can charge as either a misdemeanor or a felony. Hit-and-run involving injury is the common example. A judge can also reduce a wobbler at sentencing.

What a Traffic Ticket Actually Costs

The base fine on the citation is not what you pay. A stop sign violation has a $70 base fine under the Uniform Bail and Penalty Schedule, and basic speeding (1 to 15 mph over) starts around $35.2Judicial Council of California. Uniform Bail and Penalty Schedules California then stacks state penalty assessments, county surcharges, a court construction fee, a criminal surcharge, a court security fee, and a criminal conviction assessment on top, which multiplies the base fine roughly four to five times.3Superior Court of California, County of Sacramento. How Fines Are Calculated That $70 stop sign ticket realistically clears $350.

Ignoring the ticket makes it worse. The court can add a civil assessment of up to $300 for failing to appear or failing to pay, and the DMV can place a hold on your license.4California Legislative Information. California Legislature – AB 2724 Failure to Appear in Court Fines A second infraction within a year raises the maximum base fine to $200, and a third to $250.1Justia. California Code Vehicle 42000-42010 – Public Offenses

If You Can’t Afford the Fine

You can ask the court to reduce an infraction fine by filing Judicial Council Form TR-320. Qualification usually means receiving benefits like CalFresh, Medi-Cal, or SSI, or showing your income doesn’t cover basics after housing, food, and childcare.5Judicial Council of California. Can’t Afford to Pay Fine – Traffic and Other Infractions Form TR-320 The court can lower the fine, grant a payment plan, extend the deadline, or convert it to community service. You have to plead guilty or no contest to use the form, and it only works for infractions, not misdemeanors or parking tickets.

Points, Traffic School, and Fix-It Tickets

Most moving violations put one point on your DMV record. More dangerous offenses carry two points, including DUI, reckless driving, hit-and-run, driving on a suspended license, and speeding over 100 mph.6California Legislative Information. California Code VEH 12810 – Violation Point Count An at-fault accident adds one point. Standard points stay on your record for three years. DUI and hit-and-run convictions stay for ten.

The DMV labels you a “negligent operator” at four points in 12 months, six in 24 months, or eight in 36 months.7California Department of Motor Vehicles. Negligent Operator Actions That triggers a one-year probation and a six-month license suspension.8California Legislative Information. California Code Vehicle Code 12810.5

Traffic school is the main tool for keeping a point off the record insurers see. You qualify if the violation is a one-point infraction, you haven’t been to traffic school for another ticket in the past 18 months, and the offense doesn’t involve alcohol, drugs, or speeding more than 25 mph over the limit.9Judicial Council of California. Rule 4.104 – Procedures and Eligibility Criteria for Attending Traffic Violator School Online courses typically run $5 to $45, and you still owe the full fine plus any court administrative fee. Commercial license holders cannot mask violations this way.

Fix-it tickets handle equipment and documentation problems: broken tail light, expired registration tags, missing front plate. Correct the issue, get an authorized person to sign off, and submit proof to the court with a $25 dismissal fee.10California Legislative Information. California Code VEH 40522 – Correctable Violations Miss the deadline and the ticket converts to a standard infraction with full fine and assessments.

DUI

California’s blood alcohol limits are 0.08% for most drivers, 0.04% for commercial drivers, and 0.01% for drivers under 21 or on DUI probation.11California Department of Motor Vehicles. California Driver’s Handbook – Alcohol and Drugs A first conviction brings 96 hours to six months in county jail, a fine of $390 to $1,000 before the assessments that will multiply it, a six-month license suspension, and mandatory DUI education.12California Legislative Information. California Code VEH 23536 – First DUI Penalties

Repeat offenses and high BAC readings bring sharply harsher penalties. A fourth DUI within ten years is a felony. A DUI that injures someone can be charged as a felony even on a first offense.

Drug impairment is treated the same as alcohol impairment, but there is no numeric threshold for THC or other drugs. Prosecutors must prove actual impairment, which puts more weight on officer observations, field sobriety tests, and expert testimony.

Refusing a chemical test after arrest triggers its own administrative suspension: one year for a first refusal, two years with a prior DUI-related offense within ten years, and three years for two or more priors.13California Legislative Information. California Code VEH 23612 – Implied Consent Chemical Testing That is on top of any penalty from the underlying DUI.

Ignition Interlock and SR-22

First-time DUI offenders can skip the suspension by installing an ignition interlock device, enrolling in a DUI education program, filing an SR-22 insurance certificate, and paying a $125 administrative fee.14California Department of Motor Vehicles. Statewide Ignition Interlock Device Pilot Program The IID restriction lasts up to four months for a first non-refusal offense. Commercial license holders must downgrade to a standard license to drive on an IID-restricted license.

The SR-22 itself is a form your insurer files with the DMV confirming you carry liability coverage. You maintain it for three years. If the policy lapses, the insurer notifies the DMV and your license is suspended again. The filing fee is usually $15 to $25, but the real cost is the high-risk premium that comes with it.

Reckless Driving and Hit-and-Run

Reckless driving requires intentional disregard for safety, not just carelessness. A conviction carries 5 to 90 days in county jail, a fine between $145 and $1,000, or both, plus two points on your license.15California Legislative Information. California Code Vehicle Code 23103 Causing injury raises the penalties substantially.

Leaving the scene is a misdemeanor if only property was damaged. If anyone was injured or killed, it is a felony punishable by up to one year in county jail or state prison and fines of $1,000 to $10,000. When the accident causes death or permanent serious injury, the prison sentence is two, three, or four years.16California Legislative Information. California Code VEH 20001 – Hit-and-Run Involving Injury or Death The law requires you to stop immediately, exchange information, and provide reasonable assistance to anyone hurt.

Phones Behind the Wheel

Holding or operating a phone while driving is illegal. Hands-free mode is required, and a mounted phone can only be activated with a single swipe or tap. The base fine is $20 for a first offense and $50 for each one after.17California Legislative Information. California Code VEH 23123.5 – Handheld Wireless Telephone Use After assessments, a first violation realistically runs $150 to $250. A repeat offense within 36 months adds a point, and that is where insurance costs start to climb.

Mandatory Insurance

Every vehicle registered in California must carry liability insurance. For policies issued or renewed after January 1, 2025, the minimums are $30,000 per person and $60,000 per accident for bodily injury, plus $15,000 for property damage.18California Legislative Information. California Code Vehicle Code 16056 These are legal floors and often fall short of a serious accident.

Driving without proof of insurance is an infraction. A first offense base fine runs $100 to $200, and a second offense within three years runs $200 to $500. With assessments, a repeat can top $1,000. The court can also order your vehicle impounded until you show coverage.

Commercial Drivers Face Different Rules

If you hold a CDL, almost every penalty described above gets stricter. The BAC limit is 0.04%. Traffic school cannot hide a conviction. Two “serious” violations within three years (excessive speeding, reckless driving, improper lane changes, following too closely) bring a 60-day disqualification from commercial driving. A third in three years brings 120 days.19eCFR. 49 CFR 383.51 – Disqualification of Drivers Major offenses like DUI, chemical test refusal, or leaving the scene bring a one-year disqualification for a first offense and lifetime disqualification for a second. Offenses in your personal vehicle count the same.

You must also notify your employer in writing within 30 days of any traffic conviction, in any vehicle. The notice must include the offense, the date and location, your license number, and whether you were in a commercial vehicle at the time.20eCFR. 49 CFR 383.31 – Notification of Convictions for Drivers If you are not currently employed as a driver, notify the state that issued your CDL.

Fighting a Ticket

For an infraction, you can pay (which is a guilty plea), request traffic school if eligible, or contest it. One contest option is a trial by written declaration: you submit your defense in writing, pay the bail upfront, and get the money back if you win. Lose, and you can still request a new in-person trial.21California Legislative Information. California Code Vehicle Code 40902 – Trial by Written Declaration

Misdemeanor and felony traffic charges require a court appearance. The case starts at arraignment, where the judge reads the charges and takes your plea.22Judicial Branch of California. The Arraignment A not-guilty plea moves the case to pretrial motions, plea negotiations, and eventually trial on a later date.23Judicial Branch of California. Traffic Court Trial If you cannot afford a lawyer for a misdemeanor or felony, the court appoints one.

Cameras

Red-light cameras operate at certain intersections, and a 2023 law authorized a speed camera pilot program in six cities, running through January 1, 2032, in designated locations like school zones and high-injury corridors.24California Legislative Information. AB 645 – Speed Safety System Pilot Program Camera tickets are treated as standard infractions. Red-light violations typically total several hundred dollars after assessments.