Driving Under the Influence (DUI) is a serious offense everywhere, but each state has its own rules about what counts as a misdemeanor versus a felony. In California, most first, second, and third DUI offenses are treated as misdemeanors, but the penalties can still be severe.
What Is a Misdemeanor?
A misdemeanor is a type of criminal offense that is less severe than a felony but more serious than an infraction. In California, misdemeanors can result in up to one year in county jail, fines, probation, and other penalties.
For more details on misdemeanors, you can visit Wikipedia.
An Overview of DUI Misdemeanor
A DUI misdemeanor in California generally involves:
- Driving with a blood alcohol concentration (BAC) of 0.08% or higher.
- Being under the influence of drugs or alcohol while driving.
Penalties for a DUI Misdemeanor Conviction
The penalties for a DUI misdemeanor can vary depending on whether it’s your first, second, or third offense. Here’s a breakdown of what you can expect:
First-Time DUI Conviction
For a first-time DUI conviction in California, the penalties can include:
- Fines: Between $390 and $1,000, plus additional penalty assessments.
- Jail: Up to 6 months in county jail.
- Probation: Typically 3 to 5 years of informal probation.
- License Suspension: A 6-month suspension of your driving license.
Second Time DUI Conviction
If you are convicted of a second DUI offense within 10 years, the penalties are harsher:
- Jail: 96 hours to 1 year in county jail.
- Fines: $390 to $1,000, plus penalty assessments.
- Driving License Suspension: A 2-year suspension.
- Probation: 3 to 5 years of informal probation.
3rd DUI Misdemeanor Conviction
A third DUI conviction within 10 years brings even stiffer penalties:
- Jail: 120 days to 1 year in county jail.
- Fine: $390 to $1,000, plus penalty assessments.
- License Suspension: A 3-year suspension.
- Probation: 3 to 5 years of informal probation.
California DUI Involving Injuries or Deaths Penalties
If a DUI results in injury or death, the charges can be much more severe. This could elevate a misdemeanor to a felony with much harsher penalties.
DUI Causing Death
A DUI causing death is typically charged as a felony and can lead to:
- State prison sentence of 16 months to 10 years or more.
- Substantial fines.
- Permanent revocation of your driver’s license.
Example
In 2019, a man named John was arrested for a DUI in Los Angeles with a BAC of 0.12%. This was his first offense. John faced the following penalties:
- Fines: $500 plus penalty assessments, totaling around $2,000.
- Jail: 48 hours in county jail.
- Probation: 3 years of informal probation.
- License Suspension: 6 months, with the possibility of a restricted license for driving to work and DUI programs after 30 days.
John also had to complete a DUI education program and attend a victim impact panel as part of his probation conditions. This example shows how even a first-time DUI conviction can have significant repercussions.
Fighting Against Misdemeanor DUI Charges
If you are facing misdemeanor DUI charges, there are several defenses your attorney might use:
- Challenging the legality of the traffic stop.
- Questioning the accuracy of the breathalyzer or blood test.
- Arguing that you were not actually impaired.
Is It Possible To Have A Misdemeanor DUI Removed From My File?
Yes, it is possible to have a misdemeanor DUI expunged from your record in California. This process involves:
- Completing all terms of your probation.
- Filing a petition for expungement with the court.
- Attending a hearing where a judge will decide whether to grant the expungement.
Understanding the severity and consequences of a DUI misdemeanor in California is crucial. If you find yourself facing such charges, it’s wise to seek legal advice immediately.
