Do all California DUI convictions require jail time? DUI Offense Minimum Jail Time Maximum Jail Sentence 1st DUI 48 hours 6 months 2nd DUI (within 10 years) 10 days Up to 1 year 3rd DUI (within 10 years) 120 days Up to 1 year 4th (or more) DUI (within 10 years) 180 days Up to 3 years