Possible Penalties: Driving Under the Influence (DUI)

In the state of California, a DUI is usually charged as a misdemeanor. However, there are certain aggravating factors that could turn a DUI into a felony. Read on to learn about the possible penalties you could encounter if charged with one of the following:

First DUI Without Injury

• Misdemeanor.
• $1690 in fines plus a number of “penalty assessments” that can substantially increase the amount the driver has to pay.
• Driver’s license suspension for a minimum of 4 months.
• Probation. First DUI offenders normally receive a three-year term of informal probation. As a condition of probation, the defendant normally must complete a three-month DUI school, consisting of about 30 hours of classes.

Second DUI Without Injury

• Misdemeanor.
• Similar fines plus penalty assessments.
• Second offenders face 96 hours to one year in jail. However, jail time can sometimes be served on house arrest or through jail-alternative work programs.
• 12-month DMV/administrative suspension plus any additional suspension time imposed by the criminal court. The two suspensions, however, can overlap.
• A three-year term of informal probation. As a condition of probation must complete an 18-month multi-offender DUI school.

Third DUI Without Injury

• Misdemeanor.
• Similar fines plus penalty assessments.
• A third DUI results in a jail sentence of 120 days (30 days if probation is granted and a 30-month DUI school ordered) to one year.
• 12-month DMV/administrative suspension plus any additional suspension time imposed by the criminal court. The two suspensions are generally allowed to overlap.
• Most third DUI offenders must complete three years of informal probation. As a condition of probation, the judge has the discretion to order a 30-month DUI school.

DUIs With Fatalities

DUIs with fatalities involved are typically prosecuted under the state’s vehicular manslaughter or murder laws. A defendant in this situation could be charged with:

• Negligent vehicular manslaughter while intoxicated
• Gross vehicular manslaughter while intoxicated, or
• Second-degree murder.
• The penalties for these offenses vary greatly.

Being caught in the middle of a legal bind can be stressful for everyone involved, but having the right people on your side can make it a bit easier. Doug and I are experienced lawyers who are determined to support our clients’ needs in difficult circumstances. Contact us for a consultation today.