As with any criminal charge in California, DUIs are penalized depending on the severity of the act and its consequences. Penalties for DUIs in California vary depending on how many times you've committed them and whether someone got hurt because of it.
So, let's look at how the severity of the DUI charges affects the penalties, as experienced by our prescreened California criminal defense lawyers:
California DUI Penalties, Depending On Severity
What Consequences Typically Follow A First DUI Conviction In California?
The first three DUI offenses in California within ten years are misdemeanors, provided that the accused has not caused any harm or a fatality.
If there are no aggravating factors that call for harsher punishment, an adult who is found guilty of a misdemeanor first-offense DUI in California may face the following penalties:
- Prison time of up to six months
- Fines
- Three to a five-year probation
- Three to nine months of engagement in alcohol education or treatment
- A six to ten-month suspension of the driver's license
- Installation of an ignition interlock device (IID) for six months in the offender's vehicle
When it comes to a first-offense DUI, it's crucial to seek advice from a California defense lawyer to help you handle the case as smoothly as possible. You want to ensure you're making the right moves and avoiding potential problems that might pop up.
What Consequences Typically Follow a Second DUI Conviction?
Adults convicted of a misdemeanor second-offense DUI in California within ten years of a previous conviction, absent aggravating circumstances, may face the following punishments:
- Up to a year in prison
- Three to a five-year probation
- Fines
- Enrollment for eighteen to thirty months in a California DUI school
- A court mandates IID installation for a year
What Consequences Typically A Third DUI in Ten Years?
Since a third offense is often seen as more severe, the penalties will be as well. The possible penalties for a third-offense DUI are as follows:
- Up to a year in prison
- Three to a five-year probation
- Fines
- Finishing a 30-month DUI education course
- The Department of Motor Vehicles is classified as a "habitual traffic offender."
- IID installation for two years or a three-year restriction of your driving privileges
Again, you must contact a California DUI lawyer to minimize the problems caused by a third arrest. You want to be careful about every step you take from now on.
What If The DUI Causes Injury In California?
DUI with injury is a "wobbler" accusation in California, meaning the prosecutor may choose to charge the offense as either a felony or a misdemeanor.
Prosecutors weigh the criminal history of the defendant and the specifics of the DUI episode when reaching that decision. If a person is found guilty of minor DUI with injury, they could face the following sanctions:
- A year in prison maximum
- three to five-year probation
- A fine
- Classes on alcohol education for up to thirty months
- Financial compensation for any injured parties
- IID installation for six months or a year-long suspension of your driver's license
Remember, defendants will also have to be responsible for all the losses (financial and emotional) incurred by injured parties due to the DUI.
What Consequences Typically Follow A Felony DUI?
If a person is found guilty of felony DUI with injury, they could face the following sanctions:
- A maximum ten-year prison sentence, and maybe even longer if the injuries were severe
- A fine
- Thirty months in a program for drug or alcohol rehab or education
- Status as a repeat offender in traffic
- Installing an IID for up to three years or suspending your license for the same amount of time
- Compensation for any harmed parties
Additionally, you will be prosecuted with felony DUI if you have already received three DUI convictions and are accused of driving under the influence a fourth time within ten years. A felony DUI conviction carries a range of punishments, including up to three years in a California state prison.
When this happens, contact a California criminal law attorney ASAP.
What Is Gross Vehicular Manslaughter In California?
The most severe DUI charge in California is "gross vehicular manslaughter while intoxicated," which you may be charged with if you are accountable for someone's death due to drinking and driving. A conviction carries a sentence that might last up to ten years in jail.
Similar laws apply to "vehicular manslaughter while inebriated," however, in these situations, the perpetrator is accused of behaving with "ordinary" negligence instead of extreme or egregious negligence.
A wobbler charge is driving while intoxicated and causing a death. If found guilty of vehicular manslaughter while inebriated, the offender faces up to a year in jail. In addition, up to four years in prison may be imposed as a punishment for a felony conviction.
Get Referred To A California DUI Lawyer Near You
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