Drunk Driving
Drunk driving or Driving Under Influence (DUI) is a serious crime in the United States. However, each state has its schemes for sentences and verdicts and penalties for those convicted with a DUI. Find out what the penalties are for a DUI in California in this article.
California cuts some slack to offenders for the first offense, provides them some elbow room, and allows DUIs to be charged as a misdemeanor. In California, common misdemeanors are indictable by up to 6 months in county jail or a fine of up to $1000. However, for multiple convictions and other aggravating circumstances concerning the DUI case, the courts enforce considerable penalties and take driving while intoxicated very seriously.
If you are facing a DUI charge in Alameda, California, your best course of action is to hire a DUI lawyer. We will evaluate your case and develop a solid drunk driving defense for you. When handling DUI charges, experience and knowledge on local courts play a critical role in ensuring a favorable outcome.
DUI laws in California
For adult drivers in California, two primary DUI laws are applied. These are Vehicle Code 23152(a) VC and Vehicle Code 23152(b) VC.
- Vehicle Code 23152(a) VC – This DUI law sanctions driving under the influence of alcohol as illegal
- Vehicle Code 23152(b) VC – This DUI law sanctions driving with a BAC (blood alcohol content) of .08% or greater as illegal
Both laws are charged to people arrested for a California DUI.
On the other hand, driving under the influence of drugs is sanctionable by Vehicle Code 12152 (f) VC under California law.
DUI penalties in California
When California courts decide on penalties imposed for DUIs, two primary factors are generally considered.
- Is this a first offense? Are there any priors of DUIs on record?
- Did the DUI result in an injury for any person?
As mentioned earlier in this article, first DUI offenses are more often than not indicted as misdemeanors. However, when you have more than four (4) prior DUIs on your record or if someone is injured due to your drunk driving, California courts would consider it a felony. Under the laws of California, felonies are crimes that carry a maximum sentence of more than 365 days or one year in custody.
In some cases, DUI convictions are punishable with jail time. However, in most cases, defendants can resume driving for as long as they install an ignition interlock device (IID) in their cars. The cost of installation is always at the expense of the defendant.
How long is the IID required?
Whenever the IID installation is applicable, the mandatory time IID use is imposed depends on the type of California DUI. A quick summary is presented below:
- For 1st offense misdemeanor DUI – The IID installation is not required. Still, the driver’s license is suspended for four (4) to ten (10) months. The defendant may, after 30 days, be granted a restricted license for five months. The defendant may also choose to install an IID for six (6) months so that they are allowed to drive immediately.
- For 2nd offense misdemeanor DUI – In this case, the defendant may also choose not to install an IID. Still, the driver’s license will be suspended for two (2) years. After a year, they may avail of a restricted license that is valid for one year. The installation of an IID for one year would allow the defendant to drive immediately.
- For 3rd offense misdemeanor DUI – Without an IID, the defendant’s license is suspended for three (3) years. To be allowed to drive immediately, you must install an IID for two (2) years.
- For DUI with injury (misdemeanor), the driver’s license is suspended for one (1) year without an IID. The defendant gets to drive immediately if an IID is installed for six (6) months.
- For 1st offense DUI with injury (felony) – The license is suspended for one (1) year. However, the defendant may install an IID for one year to drive immediately.
- For a felony DUI – The installation of an IID is not an option as, in this case, the driver’s license is suspended for five (5) years.
Restricted License
A restricted license will allow the defendant to drive but only for their home and workplace route.
Summary of Penalties for California DUI
Below is a condensed version of what are the penalties for a DUI in California.
- For 1st offense misdemeanor DUI
| Jail Time | Fines | DUI School |
| Up to 6 months in county jail | $390 – $1,000 | 3 – 9 months |
- For 2nd offense misdemeanor DUI
| Jail Time | Fines | DUI School |
| 96 hours – 1 year in county jail | $390 – $1,000 | 18 or 30 months |
- For 3rd offense misdemeanor DUI
| Jail Time | Fines | DUI School |
| 120 days – 1 year in county jail | $390 – $1,000 | 30 months |
- For DUI with injury (misdemeanor)
| Jail Time | Fines | DUI School |
| 5 days – 1 year in county jail | $390 – $5,000 | 3, 18, or 30 months |
- For 1st offense DUI with injury (felony)
| Jail Time | Fines | DUI School |
| 16 months – 16 years in state prison | $1,015 0 $5,000 + restitution to injured parties | 18 or 30 months |
- For a felony DUI
| Jail Time | Fines | DUI School |
| 16 months, 2 or 3 years in state prison | $390 – $1,000 | 18 or 30 months |
The penalties under California DUIs take much reliance on the defendant’s priors. Within a ten-year period, the penalties for DUIs get more serious if you’re caught driving under the influence more than once.
Wet Reckless and the Ten-Year Period
Another term used for this ten-year period is the “washout” or “lookback” period.
Included in the defendant’s records for this period are California “wet reckless” convictions or those when the defendant pleads guilty with no contest due to entering into a plea agreement. In the plea bargain, the prosecutor consents to drop the more serious DUI charge as long as the defendant pleads guilty or no contest to the less serious “wet reckless” charge.
Convictions received from outside California that would constitute a DUI if it was committed in California are also included in the washout period.
Getting A Favorable Outcome for a DUI Charge
The penalties for a DUI charge in California could be pretty intimidating. Suppose you have been charged with a DUI. In that case, you need to contact a California criminal defense attorney that specializes in drunk driving cases to ensure that you get the least possible sentence for the charge. There are many factors to consider a DUI arrest valid and experienced law practitioners in California will be able to see if this applies to you. Free consultations are available at Dosa Law. Inquire right now to lessen the impacts of your DUI charge on your employment opportunities, your credit, and your freedom.
specializes in drunk driving cases in order to ensure that you get the least possible sentence for the charge. There are a lot of factors to consider in order to consider a DUI arrest valid and experienced law practitioners in California will be able to see if this applies to you. Free consultations are available at our criminal defense firm in California. Make an inquiry right now to lessen the impacts of your DUI charge on your employment opportunities, your credit, and your personal freedom.
