Driving while intoxicated is a serious violation in California. The prosecutor can file charges under VC 23152(a) for driving while intoxicated with drugs or alcohol, or under Vehicle Code 23152(b) for driving while your BAC is above the legal limit. You will face penalties if a court finds you guilty under one or both laws. There are also specific DUI laws according to the type of driver’s license you hold, whether you are an ordinary driver, a commercial motorist, or an underage driver.
Knowing the penalties and sentencing options for a DUI helps you understand the seriousness of your charges and possible penalties. A skilled DUI attorney can help you with that and your defense. They can ensure that the criminal process and the outcome are favorable.
California DUI Charges and Penalties
DUI is a proriable offense in California. This means prosecutors file charges primarily based on the number of prior DUIs on your record within the past ten years. The prosecutor can also consider other details of your case, including the presence of aggravating factors, to determine your charges. Here are common DUI charges under the law:
First-Offense DUI
This charge applies if it is your first DUI or the first within the past ten years. Although it is the most lenient DUI charge, you will still face serious penalties upon conviction. The possible penalties for a first-offense DUI, which is a misdemeanor, include the following:
- 48 hours to six months in a county jail, or
- Misdemeanor probation for 3 to 5 years
- A court fine ranging from $390 to $1000, which could be more, including penalty assessment charges and other fees
- Enrolling in and completing a court-ordered DUI program for three to none months
- Suspension of your license for six months, although you can still drive without restriction if you agree to have an IID system in all your vehicles.
In most cases, judges are willing to suspend jail time if you agree to the set probation terms and conditions.
Second DUI
A second DUI happens when you already have a prior DUI on your record within ten years. This, too, is a misdemeanor, but with more severe penalties than the first. You can face the following penalties upon conviction for a second DUI:
- A jail time of between 96 hours and one year, or
- Misdemeanor probation for 3 to 5 years
- A court fine from $390 to $1000 or more, including penalty assessment and other fees
- Completion of a court-approved DUI program for 18 to 30 months
- Suspension of your license for up to two years. You can install an IID system in your vehicle after one year of suspension to continue driving without restriction.
Third DUI
This is also a misdemeanor offense. It happens when you have two prior DUIs on your record within ten years. Although it is also a misdemeanor, its penalties are stiffer than those for the first and second DUIs. The possible penalties include the following:
- 120 days to one year in a county jail, or
- Misdemeanor probation for 3 to 5 years
- $390 to $1000 in court fines, which can be more, including penalty assessment charges and other charges
- Mandatory completion of a court-approved DUI school
- Driver’s license suspension for three years. You could be eligible for unrestricted driving after two years of suspension if you install an IID system in all your vehicles.
Additionally, a third DUI conviction within three years earns you a designation as a habitual traffic offender (HTO). The designation remains for three years and can increase your driving points.
Fourth DUI
This is a more serious charge than the first three because this is a wobbler offense. This means that the prosecutor can file misdemeanor or felony charges against you. A fourth DUI happens when you already have three prior DUIs on your record within ten years.
A conviction for a fourth DUI is punishable by the following:
- 180 days to a year in a county jail for a misdemeanor, or
- Sixteen months to two or three years of prison time for a felony
- $390 to $1000 in court fines, which can increase up to $10,000 when penalty assessment and other charges are included
- 30 months in a court-approved DUI program
- Suspension of your license for four years. You can install an IID system in your vehicle after one year of suspension to drive without restriction.
- Designation as an HTO for three years.
DUI with an Injury or Death
The prosecutor can charge you with DUI with an injury or death if you cause an accident while driving while intoxicated with drugs or alcohol. This, too, is a wobbler offense, meaning that the charge can be a misdemeanor or felony. The exact charge depends on your criminal record and the nature of the accident or the circumstances of your case.
If an accident results in a minor bodily injury, the prosecutor can charge you with misdemeanor DUI causing an injury. This is penalized by the following:
- Five days to one year in a county jail
- Misdemeanor probation for 3 to 5 years
- Court fines ranging from $390 to $5000
- Completion of a court-approved DUI program for 3 to 18 months, or 18 to 30 months, depending on the seriousness of the matter
- One year of driver’s license suspension. You can drive without restriction if you install an IID system in your vehicle
If an accident results in a serious bodily injury, you can face felony charges, punishable by:
- A prison sentence of sixteen months to 10 years, or
- Felony probation for five years
- An additional six years in state prison or more if several people were injured in the accident, and also depending on the nature and extent of the injuries
- A court fine of between $1015 and $5000
- Mandatory completion of a court-approved DUI school for 18 to 30 months
- Designation as an HTO for three years
- Driver’s license suspension for five years. You could be allowed to drive after some time of suspension if you install an IID system
If you cause an accident that results in the death of one or more people, the prosecutor can file one of these three charges:
- Vehicular Manslaughter when Intoxicated
According to C 191.5(b), this happens when you accidentally kill another person with ordinary negligence while driving while intoxicated. It is a wobbler offense, meaning the prosecutor can file felony or misdemeanor charges.
A misdemeanor conviction is punishable by 1 year in a county jail and $ 1,000 in court fines, while a felony is punishable by sixteen months, two, or four years in state prison. The judge can sentence you to misdemeanor or felony probation instead of jail or prison.
- Gross Vehicular Manslaughter When Intoxicated
According to PC 191.5(a), this happens when, being grossly negligent, you cause a fatal accident while driving while intoxicated. It is a felony offense, punishable by four years, six years, or ten years in state prison and $10,000 in court fines. The judge can grant probation if you serve part of your sentence in jail.
- DUI Murder or Watson Murder
According to PC 187, this happens when you cause a fatal accident while driving while intoxicated, and your actions are in gross negligence. You had prior and repeated warnings about the danger of impaired driving. This is a serious felony, punishable by 15 years to life in prison. The court can fine can go up to $10,000, and probation is not possible with this charge.
DUI After Felony Convictions
If you are a convicted felon, any DUI you are charged and convicted of automatically becomes a felony. This is not usually dependent on the number of prior DUIs on your record and the circumstances of your case. You can be charged with a felony even if it is your first DUI within ten years, with no injury or death.
The punishment for this offense is usually a prison sentence of sixteen months, two years, or three years, and $10,000 in court fines.
The judge can enhance your sentence if there are aggravating factors in your case. Examples of factors that can result in an enhanced sentence include the following:
- If you have at least three prior DUIs or wet reckless convictions on your record within ten years
- If someone or people were seriously injured or killed in an accident you caused
- If the prior felony is actually DUI-related
What Increases a DUI Sentence?
When determining DUI charges, prosecutors consider several factors, including the circumstances of your case and your criminal history. When determining your sentence after a conviction, the judge considers mitigating and aggravating factors. Mitigating factors are circumstances that reduce your culpability and lead to a lighter sentence. They include mental health issues, lack of a criminal history, and your cooperation with the police.
On the other hand, aggravating factors increase your sentence. They are circumstances that increase the severity of a crime and your culpability, resulting in a harsher sentence. They include prior convictions, causing extreme harm, premeditation, or gross negligence.
Here are examples of aggravating circumstances that can cause a judge to give harsher penalties during sentencing:
- If the concentration of alcohol in your blood is .15% or more, which is considered too high to operate a motor vehicle safely
- If you refuse to agree to chemical testing after an arrest to determine your BAC level. This is a serious violation of the California implied consent law. It can result in an additional one year of license suspension if it is a first DUI conviction, an additional 2 years of license suspension if it is a 2nd DUI, or an additional 3 years of license suspension if it is a 3rd DUI.
- Being involved in an accident while driving while intoxicated with alcohol or drugs. This can result in a straight felony, even if you do not have a prior DUI conviction on your record within ten years.
- Driving at a high speed while intoxicated with drugs or alcohol
- Having a child in a vehicle, especially a minor under 14 or younger, while driving while intoxicated. This can also result in an additional criminal charge for child endangerment.
- Being an underage driver (21 years and younger) and facing a DUI charge. This can delay your application for a driver’s license by one year or result in the suspension of your license for one year.
- Having an open container or bottle in your vehicle while intoxicated
- Being aggressive towards the police after a DUI stop or during an investigation
Note: A first-offense DUI for a commercial driver can result in the suspension of your commercial driver’s license. This will leave you without work for a while. A subsequent DUI results in a permanent ban on your CDL, meaning that you can no longer find work as a commercial driver in the future. Having a skilled DUi attorney on your side ensures you understand the seriousness of your charges, options, and the best defense strategies for a favorable outcome. An attorney can conduct an independent investigation to gather more information that could help your case during the trial. They can negotiate a favorable outcome with the prosecutor before trial by proposing or accepting a plea deal. Either way, having an attorney increases your chances of getting a favorable outcome in your case.
Find a Skilled DUI Lawyer Near Me
If you are arrested for a DUI in San Diego, it is advisable to hire an attorney right away. An attorney will explain the legal implications of your charges, possible penalties, and your options. They will also discuss defense strategies that could work in your favor.
Our competent DUI attorneys at San Diego DUI Attorney are experts in all DUI-related cases. We will ensure you understand your charges, potential penalties, and the sentencing guidelines commonly used by criminal judges. We will also defend your rights, help you navigate all court processes successfully, and use our best defense strategies to obtain a reasonable outcome. Call us at 619-535-7150 to discuss your legal needs and our services at length.
