California has two primary DUI laws that make it an offense for a driver to operate a vehicle while under the influence. The California Vehicle Code 23152(a) makes it a crime to drive under the influence of alcohol. The California Vehicle Code 23152(b) makes it a crime to drive a car when your BAC is above 0.08%. After a DUI arrest, you are likely to face charges under the two statutes. The consequences of a DUI conviction will vary based on two main factors:

  • Whether you have prior DUI convictions
  • Whether someone suffers injuries because of your driving under the influence

In most cases, DUI offenses are misdemeanors, especially first-time offenses. However, you could face felony DUI charges if you have four or more prior DUI convictions. You could also face felony charges if someone suffers injuries from your drunk driving.

The Consequences Of A First DUI Offense

Upon a first-time conviction of driving while intoxicated in California, the potential consequences will include the following:

  • Misdemeanor probation, also called informal probation lasting from three to five years
  • A jail custody of up to six months in a county jail
  • Fines starting from $390 to $1,000
  • The judge will require you to attend a drug or alcohol education program ranging between three months and nine months.
  • The court will also order you to install an ignition interlock device (IID) in your vehicle for six months.

If you install an IID, you can continue driving with no restrictions. However, if you are not willing to install an IID, you will have your license suspended for six to ten months. With time, the suspended license will be changed into a restricted driver’s license. You can drive to the workplace, to or from school, and California DUI school with a restricted license. After an arrest for any DUI crime in California, you will have up to ten days to request a California DMV (Department of Motor Vehicle) hearing. You request this hearing from the California Department of Motor Vehicles. A California DMV hearing postpones the suspension of your license until the completion of the DMV hearing. If you contact an attorney immediately after your DUI arrest, the attorney can request the DMV hearing on your behalf and even represent you.

The Punishment For A Second DUI Conviction

You become a second-time DUI offender if you commit an additional DUI crime within a period of ten years from the previous crime. The punishment for a second conviction will be harsher than those of a first-time conviction. The potential consequences are:

  • Misdemeanor probation lasting from three up to five years
  • A jail period of 96 hours to a year in a jail
  • Fines of $390 to $1,000
  • The court will require you to complete a court-approved California DUI school for eighteen to thirty months.
  • A compulsory installation of an ignition interlock device for one year that allows you to go on

If you are not willing to install an IID, the Department of Motor Vehicle will revoke your driver’s license for two years. After a year of license revocation, the license will be converted into a restricted  driver’s license that allows you to drive to specified places.

The Consequences of A Third Misdemeanor DUI Offense

If you acquire a third DUI conviction within ten years, you could face the following consequences:

  • Informal probation lasting from three years to five years
  • A jail period ranging between 120 days and one year in a county jail
  • Fines that range between $390 and $1,000
  • The defendant has to complete a 30-month court-approved DUI or drug education program
  • A compulsory installation of an ignition interlock device for two years — The DMV could suspend your driver's license for up to three years if you don’t wish to install an IID. If the DMV suspends your license, the license could be converted into a restricted driver’s license after 18 months.
  • You could also assume the designation of Habitual Traffic Offender (HTO)

The Punishment For DUI That Causes Injury

If you commit the crime of DUI that causes injury under the California Vehicle Code 23153, the crime is a wobbler. The prosecutor could charge this offense as a felony or misdemeanor depending on your criminal record and the circumstances of the arrest. You could face charges under VC 23153 if another person other than yourself suffers injuries because of your drunk driving. If the prosecutor charges the violation of VC 23153 as a misdemeanor, you could face the following consequences:

  • A three to five-year misdemeanor probation
  • A jail custody of five days up to a year in a California county jail
  • Fines that range between $390 and $5,000
  • An drug or alcohol education program ranging between 18 months and thirty months
  • An installation of an ignition interlock device to allow you to go on driving with no restrictions. You could face a one-year license suspension if you aren’t willing to install an IID.
  • Paying restitution to all the parties who sustain injuries

If the prosecutor charges DUI that causes an injury as a felony, you could face the following consequences:

  • Custody in a California state prison for 16 months up to ten years — You could face an additional one year to six years imprisonment depending on the number of people who sustain injuries and the extent of their injuries.
  • According to the Three Strikes Law in California, a felony DUI crime with injury could lead to a strike on your record.
  • You could incur charges ranging between $1,015 and $5,000
  • An drug or alcohol education program ranging between 18 and 30 months
  • You could assume the status of a habitual traffic offender for three years
  • To go on driving freely, you have to install an IID for two to three years. The DMV will revoke your driver's license if you are not willing to install an IID
  • Paying restitution to all the injured parties

The Consequences For A California Felony DUI

You will automatically face California Felony DUI charges if you accumulate four or more DUI convictions within ten years. The typical consequences for a felony DUI conviction are:

  • Imprisonment of 16 months, two years, or three years in a state prison in California
  • Fines of between $390 and $1,000
  • A compulsory installation of an ignition interlock device for one year to prevent suspension of your driving privileges for up to four years
  • Assuming the status of an HTO by the DMV

According to the Three Strikes Law, if a DUI results in the death of another person other than the driver, the consequences could include life imprisonment and a strike on the defendant's records. You should note that in Los Angeles County, the prosecutors no longer extend a defendant's sentence based on previous strikes.

The Consequences of Underage DUI

The California zero-tolerance law for underage drinking (VC 23136) states that an underage driver below 21 years should not drive with measurable alcohol content in their system. The zero-tolerance laws on underage driving do not just apply to alcoholic drinks but to all beverages that contain alcohol. Therefore, medicines or mouthwashes that contain alcohol could subject a driver to charges under VC 23136.

An underage driver could face charges under VC 23136 even if their driving was not impaired by alcohol. Just having measurable alcohol content in your blood could lead to a violation of this statute. The violation of VC 23136 is not a crime. The only punishment for this violation is a suspension of your driver's license.

For a first violation, the license suspension is for one year. If you have a history of violating DUI laws, your license could be suspended for two to three years. The California VC 23140 makes it a crime for a driver below 21 years to drive with a BAC of 0.05% or higher, commonly referred to as underage DUI. The violation of VC 23140 is an infraction. Therefore, violating VC 23140 will not lead to jail period. The penalties for the breach of VC 23140 are:

  • A suspension of your driver’s license for one year for a first offense
  • A fine that does not exceed $100
  • If the driver is above 18 years, they could be subject to a compulsory alcohol education program for three months or longer.

An underage driver could also face charges for violating VC 23152(a) on actual impairment or a BAC of 0.08% or more. For an underage driver to face standard DUI charges, the following should be evident:

  • The driver’s ability to operate a vehicle was impaired by drugs or alcohol (VC 23152(a))
  • The underage driver had a BAC of 0.08% or higher (VC 23152(b)).

If an underage driver faces charges under VC 23152, they will face standard DUI consequences that are:

  • Fines of $390 to $1,000
  • Informal probation lasting from three to five years
  • A suspension of your driver’s license for one year
  • Attending a court-approved drug or alcohol education program for three to nine months
  • In rare cases, a juvenile could face a jail period of up to six months in a county jail

Other charges that an underage driver could face for driving while intoxicated are:

  • DUI of drugs (DUID) outlined by VC 23152(f)
  • DUI that causes an injury outlined by VC 23153
  • Vehicular manslaughter while intoxicated outlined by PC 191.5
  • DUI murder, also known as Watson murder, outlined by PC 187

Aggravating Factors That Could Lead To Enhanced DUI Conviction Consequences

The presence of certain factors and circumstances at the time of the DUI arrest could increase your consequences, including your jail period or imprisonment. The presence of aggravating factors will increase your consequences regardless of whether you have committed a first-time or a repeat DUI offense. The typical aggravating factors are:

Refusing To Undergo A Chemical Test

If you fail to submit to a breath test after a lawful arrest for driving under the influence, you will face enhanced penalties for refusing to undergo a chemical test. As outlined by implied consent DUI Law, a driver is presumed to have agreed to a DUI chemical testing if they are arrested for drunk driving. There are two potential consequences for refusing to undergo a DUI breath test or a DUI blood test. First, you will face enhanced penalties after a conviction of driving under the influence. Second, refusing to undergo testing will lead to an automatic suspension of your driver’s license for a specified period.

Driving at An Excessive Speed

You could face a penalty enhancement according to VC 23582 if you are convicted of DUI under VC 23152(a), VC 23152(b), or VC 23153, and during the commission of the crime, you drove over the maximum speed limit as follows:

  • Above 30 miles per hour on a freeway
  • A speed exceeding 20 miles per hour other streets and highways

The prosecutor should show that you operated a vehicle recklessly. A sentence enhancement under VC 23582 will add a maximum of 60 days in jail. If you receive a penalty enhancement according to VC 23582, you must also attend a compulsory drug or alcohol education program, commonly referred to as California DUI school. The prosecutor must prove the following elements for this enhancement to apply:

  • You drove under the influence or while intoxicated
  • You drove at an excessive speed while you committed the DUI offense
  • You drove recklessly

Driving recklessly means that you drove with an intention or wanton disregard of human or property safety. If the prosecutor proves the elements of VC 23582, you must serve the additional 60 days in jail. You must serve this jail period even if the court grants you probation or suspends the execution of your jail sentence. If it is the defendant’s first-time violation of Vehicle Code 23582, the court could order them to complete a drug or alcohol education and counseling program. The penalty enhancements under VC 23582 are compulsory and can only be waived in unusual circumstances to serve the interests of justice.

DUI With A Minor Below 14 Years In The Car

You will face an enhanced penalty if you operate a vehicle under the influence while in the company of a minor below 14 years in the car. The penalty enhancement includes a compulsory jail period of 48 hours for first-time crime. The penalty enhancement applies regardless of:

  • Whether you intended to harm the child
  • Your driving pattern
  • Your level of intoxication or BAC (blood alcohol content)

The penalty enhancement for DUI with a child below 14 years is as follows:

  • An additional 48 hours in a county jail for a first-time DUI offense
  • An extra ten days jail period for a second DUI offense
  • A further 30 days in jail for a third DUI
  • An extra 90 days in jail for a fourth DUI

This additional jail period will be imposed in addition to the penalty you receive for the underlying DUI crime. Driving with a child below 14 years while intoxicated could also lead to additional consequences under California PC 273a, child endangerment. Child endangerment charges will apply if you expose a child below 18 years to unjustifiable pain, suffering, or danger.

Being Below 21 Years At The Time of Committing The DUI Offense

You could also face enhanced charges under the California underage DUI laws if you operate a vehicle while intoxicated and you are below 21 years. Having excessively high blood alcohol content (BAC) could also lead to an enhanced penalty. Enhanced penalties apply when the defendant has a BAC of 0.15% or more. This level of BAC is almost twice the allowable BAC limit of 0.08%.

When Courts Impose A DUI Sentence That Includes Probation

If the court imposes a DUI sentence that includes probation, you will be subject to certain conditions of probation in addition to the criminal penalties outlined earlier. The typical probation conditions are:

  • You shall not operate a vehicle with measurable alcohol content in your blood
  • If the police arrest you for a subsequent DUI offense, you shall not refuse to submit to a breath, blood, and in some rare cases, urine test.
  • You shall not commit an additional DUI crime.

The court could also impose additional probation conditions as follows:

  • Compulsory attendance of NA (Narcotics Anonymous) or AA ( Alcoholics Anonymous) meetings
  • Participation in the MADD ( Mothers Against Drunk Driving) Victim Impact Program
  • If you cause an accident while driving under the influence, the court will require you to pay restitution to the victim

Alternative Sentencing For A DUI Conviction

The court could recommend alternatives to confinement in a county jail or a state prison for a DUI conviction. The alternative sentencing options that will be imposed in connection with California DUI penalties are:

  • House arrest or electronic monitoring
  • Community service
  • Cal-Trans roadside work
  • Residence in a sober-living environment
  • Incarceration in a city or private jail

Immediately after your arrest, you should contact an attorney who specializes in handling DUI cases. An attorney who does not specialize in DUI cases will not even know these sentencing options exist. Even if the attorney knows about the alternative sentencing options, they will not know how to convince the judge and the prosecutor to agree to them.

Find A Los Angeles Criminal Defense Attorney Near Me

Hiring an attorney upon facing a DUI accusation increases your chances for a favorable outcome. If you or a loved one faces DUI charges and seeks reliable legal representation, we invite you to contact the Los Angeles Criminal Attorney. Call us at 424-333-0943 and speak to one of our attorneys.