The penalties you face if you’re convicted of a California DUI (driving while drunk) differ widely. Whether a conviction is the result of a negotiated settlement or a jury decision, the circumstances of the case and the qualities of the offender—often characterized as “aggravating and mitigating factors”—normally come into play. Legislation, on the other hand, determines the maximum and minimum punishments that a judge may impose. As a general rule, the maximum penalty for a DUI conviction is based on the number of previous offenses the offender has.
For a period of 10 years, a DUI in California is treated as a previous criminal conviction. Consequently, a DUI from more than 10 years ago has no bearing on whether or not the present intoxication constitutes an additional or subsequent crime.
Scooters and motorcycles are subject to particular DUI regulations and penalties in California.
Minimum and Maximum Penalties for a First DUI Conviction
In California, a first-time DUI conviction is classified as a crime. The following are the consequences for the convicted driver.
Fines.
A first DUI involves penalties ranging from $390 to $1,000, as well as a series of “penalty assessments” that may significantly increase the amount of money the motorist must pay. The total amount might range from few thousand dollars to several hundred thousand dollars.
Jail.
If you are a first-time offender, you might face anything from 48 hours to six months in prison. However, if the court gives probation, which is the most common outcome, there is no required prison time. First-time offenders are often treated leniently by judges, who do not impose prison time as a condition of their punishment.
Suspension of your driving privileges.
If you are arrested for DUI for the first time, your license will be suspended for six months. If the driver’s blood alcohol content (BAC) was.08 percent or above, the Department of Motor Vehicles (DMV) will issue a four-month administrative suspension on their license.
Furthermore, drivers who refuse to submit to BAC testing will be subject to a one-year administrative suspension.) If two suspensions are issued, they are often permitted to overlap if the circumstances warrant it. As a result, the driver will not be required to serve two full suspensions.
Additionally, first-time offenders may often apply for a limited license that allows them to drive just to and from work and school.
However, the limited license requires the use of an ignition interlock device (IID), but it permits the motorist to begin driving immediately after being issued the license. For the first six months after the resumption of their driving privileges, motorists who choose not to apply for a restricted license will be obliged to install an IID on their vehicle.
Probation.
In most cases, first-time DUI offenders are sentenced to three years of informal probation (though it can be up to five years). As a condition of probation, the offender is often required to attend a three-month DUI school program that includes 30 hours of classroom instruction. For offenders who have blood alcohol concentrations of.20 percent or more, the program is nine months in length and requires 60 hours of classroom instruction.
Penalties for a Second DUI Conviction include both minimum and maximum sentences.
In California, a second DUI conviction is considered a crime. The following are the consequences for the guilty driver.
Fines
The consequences for a second DUI are the same as those for a first offense: $390 to $1,000 in addition to any penalty assessments assessed against the driver.
Jail
Second-time offenders risk a sentence ranging from 96 hours to one year in prison. Under the other hand, jail term may be spent on house arrest or via prison-alternative labor programs in certain cases.
Suspension of your driving privileges
For a second DUI, a two-year suspension is imposed by the criminal court, and a 12-month administrative suspension is imposed for crimes with a blood alcohol content (BAC) of.08 percent or above.
The two suspensions, on the other hand, are frequently permitted to overlap. And the driver might seek for a limited license if his or her driving record is poor (for drugged driving the motorist must complete one year of the suspension before applying for the restricted license). All second-time offenders are compelled to wear an IID for a minimum of twelve months.
Probation.
In most cases, second-time DUI offenders are sentenced to three years of informal probation (though it can be up to five years). As a condition of probation, the offender must successfully complete either an 18-month or a 30-month DUI school program; the court choose which program to impose.
Penalties for a Third DUI Conviction include both minimum and maximum sentences.
A third DUI in California is usually treated as a crime. The following are the consequences of a conviction.
Fines.
The penalties for a third DUI are the same as for a first and second offense: $390 to $1,000, with penalty assessments.
Jail.
Getting a third DUI gets you anything from 120 days in prison to one year, depending on the circumstances.
A revocation of one’s driving privileges.
Third-time DUI offenders face an administrative 12-month penalty and a three-year ban from the criminal justice system. It is, nevertheless, common for the suspensions to overlap.
Moreover, a limited license may be requested by the driver (for drug DUIs, the driver must first complete 12 months of the suspension). For a minimum of two years, all third-time offenders must wear an IID.
Probation.
Three to five years’ probation is typical for third-time DUI offenders. The court has the authority to impose a 30-month DUI school as a condition of probation.
DUI Charges with a Felony Penalty
A DUI can be elevated to the level of a felony if certain aggravating conditions are present. DUIs that are classified as felonies have far more severe punishments than misdemeanors.
DUIs that result in death or serious injury
DUIs resulting in injury.
If you cause injury to another person while driving under the influence, you will almost always face more severe penalties than you would face for a regular DUI. DUIs resulting in bodily injury are “wobblers,” which means they may be prosecuted as either a misdemeanor or a felony depending on the circumstances.
An injury DUI conviction may result in a jail term ranging from 16 months to four years if prosecuted as a felony. The sanctions for an injury DUI may vary from $390 to $5,000, depending on the defendant’s prior criminal history.
DUIs resulting in deaths.
DUI offenders who cause the death of another person are often punished under the state’s vehicular manslaughter or murder statutes, depending on the circumstances.. In this case, a person might be charged with the following:
- Driving while drunk and causing a fatal accident
- Attempted homicide while under the influence
- Murder in the criminal offense.
These infractions have a wide range of consequences. A misdemeanor conviction for negligent reckless driving while drunk carries a sentence of up to one year in prison and a fine of up to $1,000. Even while second-degree murder convictions carry sentences of 15 years to life in state prison, they are still felonies.
The fourth or subsequent DUI in the ten years before
A felony prosecution is possible in California if a person has been convicted of a fourth DUI in 10 years. There is a mandatory minimum sentence of one year in jail and a fine of $390 up to $1,000 for a felony fourth DUI conviction.
DUI Felony Convictions in the Past
The prosecution may prosecute a motorist with a felony DUI even if the current incident did not entail any aggravating elements if the driver had a prior felony DUI conviction within the last 10 years. A conviction carries a sentence of up to four years in jail and a fine of $390 to $1,000.
