DUI Punishment in California

Driving Under the Influence (“DUI”) convictions are among the most serious criminal convictions in the state of California. Being charged with a DUI in California is very stressful and can have serious consequences, such as the loss of one’s driver’s license. Thus, people are advised to seek immediate legal counsel from an experienced DUI lawyer if arrested for a DUI. If you are charged with a DUI offense in California, a skilled DUI lawyer will help you take the right legal steps to make the best out of your situation.

How a defendant is charged and punished in a DUI case depends on many factors, such as the person’s blood alcohol concentration (“BAC”), their prior history of driving under the influence, and whether they caused an accident that resulted in injuries to others. Although the vast majority of DUI cases in California are charged as a Misdemeanor, some DUI cases are considered Felonies. This blog describes possible punishments in California DUI cases. State law dictates mandatory punishments for DUI cases; however, an experienced DUI attorney, such as Mr. Nagra of Nagra Law Firm P.C., will know how to avoid as many negative consequences as possible in your DUI case. Mr. Nagra is a former prosecutor, and he has experience handling hundreds of California DUI cases.

Misdemeanor DUI Penalties in California

Even a first-time DUI offense in California can result in suspension of a person’s driver’s license, jail time of up to one year, up to three years of probation, a hefty fine, mandatory alcohol education programs, increased insurance rates, and a permanent criminal record. DUI punishment is case-specific, depending upon the facts of the particular case, the criminal history of the defendant, and the jurisdiction. This means that a DUI in Sutter County may not have the exact same standard penalties as a DUI in Sacramento County, although state law dictates the maximum possible punishment.

1st DUI Offense Penalty

First DUI offense penalties in California include suspension of one’s driver’s license, jail time of up to one year, up to three years of probation, a hefty fine, mandatory alcohol education programs, increased insurance rates, and a permanent criminal record.

2nd DUI Offense Penalty

A second DUI offense in California can be charged if the person’s last DUI offense was within the last ten years. A second DUI conviction will carry the same punishments as a first time DUI offense listed above, plus the following: longer probation of up to five years; higher fines; 10 days minimum jail time; much longer mandatory DUI classes; lengthier license suspension; and a mandatory Ignition Interlock Device (“IID”).

3rd DUI Offense Penalty

A third DUI offense in California is punished extremely seriously. It carries the same penalties listed above for a second time DUI, plus the following: 120 days minimum jail time; higher fines; longer mandatory DUI classes; and harsher penalties against one’s driver’s license, including a lengthier suspension of one’s driver’s license.

DUI Offense with Injury

A DUI offense that results in injury can be charged as a Misdemeanor or as a Felony under Vehicle Code Section 23153, depending on the circumstances of the case. This charging decision is made by the prosecutor. While Misdemeanor violations are punishable by up to one year in jail, Felony violations can result in state prison time of up to four years. Regardless of whether charged as a Misdemeanor or Felony, these cases carry severe fines; possible victim restitution; up to 5 years’ probation; suspension of one’s driver’s license for up to 3 years; and mandatory DUI education.

Penalties for Felony DUI Charges

DUIs last on a person’s driving record for 10 years. While a person’s first three DUIs in California will generally be considered Misdemeanors, and will be punished in the manner described above, a fourth DUI conviction is upgraded to a Felony in California. This greatly increases the possible punishment. A Felony DUI charge means possible state prison time instead of county jail time. In some Felony DUI cases, the DMV can even permanently revoke a person’s driver’s license. Even a first-time DUI offense can be charged as a Felony in California if it results in injury or death to another person. Penalties for Felony DUI charges can include the following:

State prison time of up to 4 years, or even 15 years to life if someone else dies because of the DUI.
Permanent felony criminal record.
Possible permanent revocation of a person’s driver’s license.
Harsher penalties from the DMV, such as mandatory alcohol education programs.
If granted, probation would be formal with a probation officer, rather than informal court probation.

Factors Considered in California DUI Punishments

DUIs stay on a person’s driving record and may be used against them as a prior offense for ten years. Even after that, a DUI will stay on a person’s criminal record and may be seen when an employer or other entity conducts a background check. DUI convictions suffered outside the state of California may be charged as a prior DUI if the DUI conviction suffered in the other state would have also violated California’s DUI laws. A person’s prior criminal history will be carefully reviewed by prosecutors and the court before doling out a potential DUI punishment.

In some cases, a skilled Sacramento DUI lawyer such as Mr. Nagra may be able to get your charges reduced to reckless driving or wet and reckless. These charges offer significantly reduced punishments compared to a normal DUI charge. For example, a wet and reckless charge offers much lower fines, shorter probation, shorter DUI classes, and less jail time, as compared to a typical DUI first-offense. Call Nagra Law Firm P.C. if you wish to discuss whether your DUI case could be reduced to a reckless driving charge.

If a DUI case goes to trial, the judge alone will be responsible for delivering the punishment if the person is convicted. However, a skilled Sacramento DUI attorney like Mr. Nagra of Nagra Law Firm P.C. may succeed in convincing the judge to give less than the maximum possible punishment even if a person is convicted. If a DUI case is won at trial, then the defendant is declared not guilty and will walk away with zero punishment. Of course, the outcome of a DUI jury trial depends on the evidence available in that specific case, as well as other factors.

DUI Conviction Consequences in California

Whether the charges are at the Felony or Misdemeanor level, the consequences of a DUI in California are severe and long-lasting. Hiring an expert Sacramento DUI lawyer is highly recommended to ensure that one’s rights and interests are fully protected. This is especially important because each time that a person gets convicted of a DUI, the consequences become significantly harsher.

For each individual, there may be varied ramifications of a DUI conviction. The consequences depend upon whether the charges are at the Misdemeanor or Felony level. Additionally, if someone is a Class A commercial license holder, the consequences of a DUI will be much worse, as they may be completely out of work. Finding future employment, securing a lease on an apartment, or entering an academic program may all become more difficult if a person gets convicted of a DUI. The consequences of a DUI conviction can be both immediate and long-lasting.

Reach out to Nagra Law Firm P.C. if you or someone you love has been arrested for a DUI in the Sacramento area or elsewhere in California. We will study your case in detail and advise you on the available legal options. We will leave no stone unturned to give you the most aggressive legal representation possible. Call us today and take advantage of our Free Initial Consultation!