Drunk driving is a significant problem in all states across the country. California registers a high number of DUI-related accidents every year. It explains why the state has stringent DUI laws, with grave consequences for those found guilty of any DUI-related offense. The penalties an offender receives in California for DUI depend on several factors, including the facts of their case and the offender’s criminal history. If you face DUI charges today, understanding the penalties you are likely to receive is vital as it prepares you for the case ahead. Partnering with an experienced criminal defense attorney could cause the court to either drop or reduce your charges.

An Overview of California Drunk Driving Laws

California laws make it illegal for all motorists to operate under the influence of alcohol or drugs. It is also unlawful to drive a car with a BAC of 0.08% or higher. A driver is considered to be operating under the influence if he/she is driving under the impact of alcohol, drugs, or a mix of both. The state has the same laws for bikers and scooters. California has made its DUI laws quite stringent to discourage the habit that is considered the main cause of accidents on our roads. Thus, if you are found guilty of DUI, penalties could involve a hefty fine and/or a lengthy prison term.

The state has stricter DUI laws for specific drivers, like commercial drivers. It is unlawful to operate a commercial car with a BAC of 0.04% or more for them. Additionally, the state has a zero-tolerance law prohibiting underage drivers from driving a car with a BAC of 0.01% or more. Drunk driving is considered one of the most dangerous habits in California for several reasons. Any amount of drugs/alcohol in a person’s bloodstream affects their ability to drive. Safe driving requires a driver’s ability to concentrate, react quickly and make sound judgments. Alcohol or drugs affects these skills, putting the driver and other road users in danger.

In California, you are only charged with DUI when you are in actual physical control of the vehicle. Law enforcement officers watch out for tell-tale signs indicating that a motorist is operating under the influence. The presence of a probable cause and a high BAC could cause you to face trial in a criminal court. It is advisable to get in touch with an experienced criminal defense attorney if you face DUI charges in California. A strong defense is required to ensure you’re not facing the full penalties of the offense.

California DUI Penalties

As previously mentioned, penalties for a DUI conviction in California depend on the condition of your case and your criminal history. Here is a breakdown of what the possible punishments will look like for misdemeanor and felony charges.

Minimum and Maximum Consequences for First-Time DUI Offenders

First-time DUI offenders in California face misdemeanor charges. When the police arrest you for driving under the influence for the first time in the state, you face charges for two separate offenses:

  • Operating a vehicle under the effects of alcohol or drugs, in violation of the state’s Vehicle Code Section 23152(a)
  • Driving with a BAC of 0.08% or higher, in violation of California Vehicle Code Section 23152(b)

When you stand before a judge for trial, you are likely to be convicted of the two offenses. a DUI in the state is considered a misdemeanor under the following circumstances:

  • You don’t have any previous felony DUI conviction on your criminal record.
  • You were not involved in any traffic accident that caused an injury.
  • You didn’t cause an accident that caused a
  • It is not your fourth or more DUI offense within ten years.

If you are convicted of a first offense DUI in the state, the following consequences may apply:

Fines

A conviction for the first DUI offense in California attracts between $390 and $1,000 in fines. Additionally, you will be required to pay penalty assessment fees that could substantially raise that amount. In total, you might end up paying more than a few thousand dollars.

Incarceration

A first-time offender may also be sentenced to jail for between 48 hours and six months. The length of imprisonment is based on the circumstances of the offense. However, the judge could send you on probation, which is what happens to most first-time offenders. With probation, you are not sentenced to a mandatory time behind bars. Mostly, judges are compassionate on first-time DUI offenders. Therefore, you may not receive jail time as part of your sentence.

Driver License suspension

Suspension of your driver’s license happens immediately you are arrested for DUI. The arresting officer will give you a temporary license for use for one month or until your permit is reinstated. For a first DUI offender, driver’s license suspension is usually for six months. You will also face an administrative suspension issued by the state’s Department of Motor Vehicles for four months if you were found to be driving with a BAC of 0.08% or higher. Generally, when both suspensions are applied, the law allows them to overlap. Therefore, you may not have to finish the two suspensions in full.

Fortunately, first DUI offenders are allowed to request restricted driver’s licenses that they can use to drive to work, school, or run errands. With a limited license, you’ll be required to install an IID system in your car to continue driving. An IID system will ensure that you are not driving while intoxicated again. If you wish to request a limited license, you might have to have an IID installed in your car for a maximum of six months.

Misdemeanor Probation

A first DUI is also punishable by probation. The court can give you three-year probation that could extend to five years. If you are placed on probation, you may serve part or your entire jail. However, there are conditions of probation you must abide by throughout the probation period. For example, completing a DUI school for three to nine months, based on your BAC level at the time of the arrest.

Minimum and Maximum Punishments for Second-Time DUI Offenders

Mostly, a 2nd DUI offense occurs when you have a prior DUI conviction within the past ten years.  Like the first offense, a 2nd DUI offense in California is a misdemeanor. The offender is subject to both administrative and criminal penalties upon conviction.

Administrative Penalties

Unlike criminal penalties, administrative penalties are applied whether you are ultimately convicted of a DUI charge or not.  They are imposed by the California Department of Motor Vehicles and may include driver license suspension and fine payment. If you have a prior conviction on your record, and the conviction occurred within ten years from the current charge, the DMV administratively suspends your license for one year. The suspension could go up to two years if you fail to yield to BAC testing, thus violating the state’s implied consent law.

Fines

You are required to pay penalties of between $390 and $1,000 upon conviction in a criminal court. Together with penalty assessments, you might end up paying a lot more in fines than this amount.

Incarceration

The court can also send second DUI offenders to jail for between 96 hours and one year. Sometimes jail time is served under house arrest or jail-alternative programs, based on the circumstances of your case.

License Suspension

Driver license suspension falls under both administrative and criminal penalties for DUI offenders.  Upon conviction for DUI with a BAC of 0.08% or higher, a criminal court could suspend your driver’s license for two years when the DMV suspension is for 12 months.

However, the law allows the two license suspensions to overlap. Again, you’ll be eligible for a restricted driver’s license, with which you can continue driving right away. But offenders found guilty of drugged driving must complete a license suspension of one year before considering a restricted license. To use a limited license, you will be required to install an IID system in your vehicle for 12 months. 라이브 카지노 세계로 통하는 포털인 카지노사이트 에 오신 것을 환영합니다! 실제 카지노의 독특한 분위기를 조성하는 다양한 라이브 딜러 게임을 제공합니다. 고품질 비디오 방송과 사용자 친화적인 인터페이스는 우리 사이트를 도박 애호가들에게 이상적인 장소로 만듭니다. 우리와 함께 집에서 신나고 신나는 게임을 즐겨보세요.

Misdemeanor Probation

Like 1st DUI offenders, second offenders could be placed on probation for three to five years. Probation takes part or the entire jail term and must be completed under supervision. Additionally, the court sets probation conditions that you must adhere to while on probation—for example, mandatory completion of DUI school for 18 to 30 months.

Minimum and Maximum Punishments for Third DUI Offenders

A 3rd DUI offense in California occurs when you have two prior DUI-related convictions that happened within the last ten years. A 3rd DUI offense in California is also convicted as a misdemeanor, attracting the following consequences:

Fines

For a misdemeanor DUI conviction, you’ll be required to pay fines of between $390 and $1,000, exclusive of penalty assessments.

Incarceration

Third DUI offenders are likely to be sentenced to a jail time between 120 days and one year. If the court grants probation, you’ll only be required to spend 30 days behind bars

Driver License Suspension

A 3rd DUI offender could have their driver’s license suspended for three years by the criminal court, plus an administrative suspension of 12 months by the state’s DMV if their BAC were .08% at the time of the arrest. However, you’ll be permitted to overlap both suspensions.

You can also seek a restricted driver’s license and have your car fitted with an IID (Ignition Interlock Device) if you want to continue driving within the suspension period. Note that a 3rd DUI offender must install an IID in their vehicle for a minimum of 2 years. The system ensures that you are not driving while intoxicated by collecting your breath samples regularly while on the road.

Probation

The court can also grant you probation after a 3rd DUI conviction within ten years. The probation period is usually between three and five years. In addition to your probation conditions, the court will require you to complete a DUI school for at least 30 months.  You’ll also not commit any crime within the probation period, including driving while intoxicated.

Penalties for Felony DUI Convictions

A felony DUI conviction is likely to occur if there were aggravating factors surrounding your case, or the sentence is the fourth one in ten years. Felony DUI penalties are graver than penalties for misdemeanor convictions. Here are some of the punishments you are likely to face for different felony DUI charges:

DUI With Injuries or Death

If you’ve been driving while intoxicated and cause an accident in which a person is injured or killed, you are likely to face felony charges regardless of the number of DUI convictions in your criminal record. An injury or death will increase the severity of the penalties you are to receive on a standard charge.

A DUI involving an injury is a wobbler in California. It means that the prosecutor can charge it as either a felony or a misdemeanor.  When charged as a misdemeanor, the penalties will remain almost as above, based on whether the offense is a first, second, or third DUI in ten years. It means a jail term of about a year and court fines of not more than $1,000.

However, if a DUI resulting in an injury charge is convicted as a felony, you are likely to face the following punishment:

  • Fines ranging between $390 and $5,000, depending on your criminal history and the extent of resulting damage
  • Incarceration for 16 months to 4 years in state prison
  • Suspension of your driver’s license for three years
  • Felony probation for up to five years — During probation, you’ll not be allowed to drive with any amount of liquor in your system. Other probation conditions will apply, including not committing any criminal offense within the probation period.

If your BAC at the time of arrest was .20%, the court is likely to order you to complete a DUI program for at least three months. However, if your BAC was more than .20%, you’ll be required to complete a DUI school for over nine months.

On the other hand, a DUI resulting in a fatality will be charged under the California murder or vehicular manslaughter laws. If by driving while intoxicated you caused the death of one or more individuals, you could be accused of:

  • Second-degree murder
  • Gross vehicular manslaughter with intoxication
  • Negligent vehicular manslaughter with intoxication

The three are severe offenses whose penalties vary greatly.

In California, murder is committed when one person unlawfully causes another individual’s death with malice aforethought. It occurs when a person, with wanton disregard for human life, acts in a way that is likely to result in one or more people’s death. When a person murders without premeditation or deliberation but acted with malice aforethought, he/she is expected to be charged with second-degree murder. When you drive while intoxicated, you do it deliberately, though not intending to cause an accident or even the death of another.

Vehicular manslaughter while intoxicated occurs when a person, driving while intoxicated, engages in another negligent act like an accident, which results in the death of a person/people. Vehicular manslaughter can be with ordinary negligence or gross negligence, based on the circumstances of your case.

In any of these cases, you are likely to be charged with a felony, punishable with a maximum sentence of 15 years to life imprisonment.

Fourth or More DUIs Within Ten-Year Period

A felony DUI charge can also occur if you face a 4th DUI conviction in ten years. For this, the court is likely to give you:

  • A prison sentence of between 16 months and four years
  • A fine of between $390 and $1,000 plus court assessment fees, which could bring the total to up to $2,000
  • Driver license suspension for at least three years. Fourth and subsequent DUI offenders have limited access to restricted driver’s licenses
  • Mandatory installation of an IID in your car — With it, your vehicle will not start if your BAC is 0.08% or more.
  • Mandatory completion of DUI school for 18 months

Previous Felony Convictions

If you have a previous felony conviction that happened in the last ten years, you are likely to face charges for a felony drunk driving for your current crime even though the current offense doesn’t include any aggravating factor. The punishment for this could be a prison sentence of 16 months to 4 years and/fines of up to $1,000 plus other court fees.

Find a Los Angeles Criminal Attorney Near Me

DUI is heavily punished in California, whether misdemeanor or felony. The only way to avoid a hefty penalty if you face DUI charges in Los Angeles is to engage the services of an experienced criminal defense attorney. A strong defense can weaken the prosecutor’s case, causing the court to either reduce or drop your charges. At Los Angeles Criminal Attorney, we are willing and ready to walk you through the legal process, advise and protect your rights until we attain a fair outcome out of your case. Call us at 424-333-0943, and let’s review your options.