A California DUI conviction can result in severe penalties, depending on whether you have a prior record of DUI convictions within a ten-year period. This ten-year window includes the so-called “wet reckless” (reckless driving in which alcohol is a factor) convictions and certain out-of-state convictions that would qualify as a DUI if committed in California.
California has a system of escalating criminal punishments based upon whether the offense is a first offense or whether you have any prior convictions. Although most cases are prosecuted as misdemeanors, a DUI involving injury or three (or more) prior convictions can be charged as a felony.
First DUI Offense (Misdemeanor)
A first time conviction for DUI can result in
- Informal or “summary” probation (no probation officer) for three to five years;
- Imprisonment in the county jail for up to six months;
- A fine between $390 and $1,000 plus onerous taxes (“penalty assessments”), and various court and administrative fees that will boost even the lowest fine to nearly $2,000;
- Mandatory court-approved alcohol and/or drug education program, aka “AB541” class for three or nine-months (depending on your blood alcohol level); and
- Driver’s license suspension for six to ten months.
A common sentence for first-time offenders includes three years of summary probation, a $390 base fine (plus penalties and assessments) and a three-month program.
Second DUI Offense (Misdemeanor)
A second DUI conviction within ten years of a prior qualifying conviction will result in:
- Informal or “summary” probation (no probation officer) for three to five years;
- Imprisonment in the county jail for a minimum of four days up to 12 months;
- A fine between $390 and $1,000 plus onerous taxes (“penalty assessment”), and various court and administrative fees that will boost even the lowest fine to nearly $2,000;
- Mandatory court-approved alcohol and/or drug education program, aka “SB38” class for 18 or 30 months; and
- Driver’s license suspension for two years with no eligibility for a restricted driver’s license for at least 12 months.
A typical sentence for a second-time offense with no injuries or traffic collision in Southern California includes 30 to 45 days in the county jail, the base fine of $390 plus penalty assessments and the 18-month SB38 drug/alcohol program.
- Informal or “summary” probation (no probation officer) for three to five years;
- Imprisonment in the county jail for a minimum of 120 days up to 12 months;
- A fine between $390 and $1,000 plus onerous taxes (“penalty assessment”), and various court and administrative fees that will boost even the lowest fine to nearly $2,000;
- Mandatory court-approved alcohol and/or drug education program, aka “SB38” class for for 30 months;
- Driver’s license revocation for three years which may be converted to a restricted license after 18 months; and
- Designation as a habitual traffic offender.
As a practical matter, penalties for a third-time DUI in Southern California are ordinarily at the high-end of the sentencing spectrum. A typical offer includes five years of summary probation, one year in the county jail, at least $390 fine plus penalty assessment, and the 30-month drug/alcohol program. As a condition of probation, many counties require installation of an Ignition Interlock Device (“IID”): a miniature breath analyzer is installed in your vehicle requiring you to provide an alcohol-free breath sample prior to operating the vehicle.
Misdemeanor DUI with Injury to Another Person
A California DUI involving an injury to another person can be charged, in the discretion of the District Attorney, as either a felony or DUI. (Such offenses are called “wobblers.”) Factors that influence the charging decision include circumstances related to your arrest such as your BAC, severity of the accident, and severity of the injuries caused, etc. Other factors also include your record of arrests or convictions, especially those related to DUI.
A person convicted of misdemeanor DUI with an injury can be sentenced to:
- Informal or “summary” probation (no probation officer) for three to five years;
- Imprisonment in the county jail for a minimum of five days up to 12 months;
- A fine between $390 and $5,000 plus onerous taxes (“penalty assessment”), and various court and administrative fees that will significantly increase the fine;
- Mandatory court-approved alcohol and/or drug education program for three, 18, or 30 months;
- Driver’s license suspension and restriction for one to three years; and
- Payment of restitution for all injuries and losses suffered by other injured parties.
Factors Affecting A California Misdemeanor DUI Sentence
There are a number of factors that can substantially affect your misdemeanor DUI sentence in California. Some of these factors include:
- Dangerous driving (excessive speed, numerous or serious traffic violations, etc.;
- One or more collisions;
- Record of prior convictions;
- High blood alcohol (usually, but not always, 0.15% or higher);
- Refusal to submit to blood or breath test;
- Children under age of 14 in the car at the time of the offense (child endangerment)
Most prosecutors will seek a higher penalty if any of these factors are present, though it depends on the actual facts of your DUI arrest and your criminal history, especially your history of drug/alcohol related offenses and DUIs.
If you have been charged with a misdemeanor DUI, you should choose an experienced DUI attorney to represent you. If you call our office, we will provide a free office consultation. We are available to represent clients in Orange County, Riverside County, and most parts of Los Angeles County.
