California defines the Driving Under the Influence (DUI) crime as the act of driving a vehicle under the influence of alcohol or drugs or with a blood alcohol level that is above the legal limit. The basis of these crimes is the California Vehicle Code, mainly in sections 23152 and 23153. DUI charges are commonly differentiated by their punishment and their nature.
No matter what type of DUI offense you are convicted of, there is a risk of harsh repercussions. Thus, you would like to contend with your DUI case by enlisting the services of a DUI attorney. When you or someone you love is arrested for any form of DUI in Bonita, the San Diego DUI Attorney team has experienced lawyers to defend your rights.
California Misdemeanor vs. Felony DUI
One of the most critical aspects that will determine your future when you are arrested for a DUI is whether the offense is considered a misdemeanor or a felony. Although most of the DUI cases are tried as misdemeanors, some aggravating factors may make the offense a felony.
Such classification subjects you to much more serious and life-changing consequences, including the possibility of a state prison sentence and the loss of fundamental civil rights, like the right to possess a firearm. This distinction is the most essential part of understanding what is at stake. It is not just a question of degree but a complete change in how the justice system and society will look at you.
Misdemeanor DUI Charges
With minimal or no aggravating circumstances, a first, second, or third DUI arrest will be prosecuted as a misdemeanor within 10 years. California law considers them priorable crimes, so the penalties increase with each subsequent conviction of the same offense in that decade.
The first time may lead to probation, heavy fines, and an alcohol education course. With your third violation, you are on the hook for significant jail service, a lengthy license suspension, and a formal declaration as a habitual traffic violator.
Even misdemeanors are serious charges, leaving a criminal record that can interfere with your personal and professional life. The growing intensity of such punishments reflects the stern attitude of the state towards the prevention of repeated crimes and the elimination of those drivers whom it considers a hazard on the road.
How a DUI Becomes a Felony
The regular DUI becomes a more serious felony, particularly under clearly outlined conditions. You will not serve time in the county jail, but may face some time in the state prison. The first trigger is your driving history; when you are arrested with a fourth DUI in 10 years, your crime is a wobbler.
This is a legal term to indicate that the prosecutor can bring it either as a high-level misdemeanor or felony, which may depend on the particularities of your case and the history. Second, and perhaps most importantly, when the injury or death of another individual was the result of your act of driving under the influence, the charge will definitely be filed as a felony.
Lastly, your record is determinant. With a prior conviction of felony DUI, any new DUI arrest, no matter the circumstances, will be prosecuted as a felony. The principle of the action of the past determining the action of the future acts directly here, and the justice system should consider the offense as the most serious.
Types of California DUI Charges
In addition to the general distinction between misdemeanor and felony, California law also defines many types of DUI. Unique elements and legal codes characterize each. Depending on the DUI charge, it is not a one-size-fits-all situation.
The exact law you will be accused of relies upon such key issues as your age, what kind of vehicle you drove, and what substance allegedly impaired you. The first step that your Bonita DUI attorney can take to win your defense case is to understand what you are actually being accused of.
Basic DUI, Vehicle Code 23152(a) and 23152(b)
A majority of the DUI arrests in California lead to two distinct charges under Vehicle Code 23152. The first is VC SS23152(a), according to which it is unlawful to drive under the influence of alcohol. It is a subjective charge and not tied to a particular level of blood alcohol concentration.
To convict you, a prosecutor needs to demonstrate that your mental or physical condition was so compromised that you could no longer drive with the care of a sober individual. The officer may also use observations of your driving style, physical appearance, performance on the Field Sobriety Test, and any words you said as evidence.
The second offense is VC 23152(b), the per se offense. This fee renders the operation of a vehicle with a BAC of 0.08 percent or higher unlawful. It is a goal, a scientific norm. When your chemical test records a BAC that is at least this limit, you are considered to be under the influence, whether you felt impaired or not. You may be indicted and convicted of both counts, but according to the law, you may be punished for only one of the substantive offenses.
DUI of Drugs (DUID), Vehicle Code 23152(f)
A DUI does not involve alcohol only. Under the Vehicle Code SS23152(f), you may be charged with a DUID for driving under the influence of any drug. The scope of this statute is quite broad, encompassing illegal drugs such as cocaine or methamphetamine, legal drugs such as marijuana, and even legally prescribed medicines or other over-the-counter solutions to the extent they affect your driving capacity.
There is no per se or legal threshold to drug concentration in your system, as there is with alcohol. This renders DUID cases notoriously hard on the prosecution. They will only have a case based on showing that the drug you took left you actually impaired.
This may include the testifying of a Drug Recognition Expert, or DRE, a specially trained officer who then performs an in-depth examination to determine indicators of drug impairment. The evidence is, thus, extremely subjective and can be refuted by a talented defense lawyer.
Underage DUI (California’s “Zero Tolerance” Laws)
California has a strict zero-tolerance policy on underage drivers. This indicates a societal policy that no one who is not allowed to take alcohol should have it in their system when driving. According to Vehicle Code 23136, no one under 21 shall drive under a BAC of 0.01 percent or more. It is a non-criminal civil offense pursued by the DMV, but the punishment is a mandatory one-year suspension of the driver’s license.
When your BAC is 0.05 percent or more, the defendant may be accused of an infraction specified in VC 23140 that imposes fines and alcohol education. When your BAC is 0.08 percent or above or when you have been observed to be impaired, you may be charged with a regular criminal DUI, as is true of an adult. You would then have to deal with the administrative license suspension at the DMV and the criminal court repercussions, which would be a two-pronged legal fight.
Commercial DUI, Vehicle Code 23152(d)
Commercial drivers are expected to be even more responsible because of the nature of their work, which involves using large trucks and other commercial vehicles. According to the Vehicle Code SS23152(d), an individual may not drive a commercial vehicle having a BAC level of 0.04 percent or above. This is one-half of the legal non-commercial driving limit.
The first occurrence of a commercial DUI is a one-year suspension of your commercial driver’s license, or CDL. This suspension applies regardless of whether you were driving your vehicle during this crime. The second DUI in either a commercial or personal vehicle will result in a lifetime loss of your CDL. Being charged on this federal and state level effectively terminates your career as a commercial driver and underscores the professional risk at stake in such a charge.
Causing Injury DUI, Vehicle Code 23153
In a DUI case where another person is physically injured, the legal considerations are extreme, as per Vehicle Code 23153. The prosecution must not only demonstrate impairment in this offense. They should demonstrate that you were driving whilst intoxicated and also at the same time engaged in an unlawful act or failed to perform a legal obligation.
This may include running a red light, speeding, or making an improper lane change. This other factor, which must be the real cause of the injury, makes the crime more than just a regular DUI. The crime is a wobbler, which is a crime that can be classified as a misdemeanor or a felony.
It is up to the prosecutor and depends heavily upon the extent of the injuries sustained by the victim and your criminal history. A DUI conviction that involves a felony and causes injury may lead to a long state prison sentence and a large amount of financial restitution to the victim.
The Basics of DUI Plea Bargains and Sentence Enhancements
It is not always the first time that you will be charged with DUI. Negotiations sometimes occur in the legal process, resulting in a lighter charge, called a plea bargain. They are often provided when the prosecutor is aware of weaknesses in the case.
On the other hand, particular behavior during a DUI may initiate sentence enhancements, extra compulsory penalties added to the regular sentence of the crime committed. Knowing how these factors may alter a Bonita DUI offense is vital because they can drastically change the result of your case and your final sentence.
Wet Reckless as a Reduced Charge
You cannot be arrested for a wet reckless; it is not a ticketable offense that an officer can write on a ticket. It is a typical plea bargain provided under Vehicle Code 23103.5. Negotiation can also be used to get a DUI charge downgraded to reckless driving with a special notation on your record that alcohol was involved.
There are significant advantages to obtaining this reduction. It can frequently keep you out of a court-mandated license suspension and can come with a shorter jail term and fewer fines than a typical DUI conviction. It is, however, imperative to know that a wet reckless is still a priorable crime.
Should you be caught with another DUI within 10 years, the court will consider the wet reckless to be a conviction of a first-degree DUI and sentence you to the much more severe punishment of a second-degree offender. It is a tactical concession, not an outright triumph.
DUI In Which A Child Who Is Not 14 Is A Passenger
There are also harsh extra punishments under California law in case you drive under the influence with a minor in your car because of the strong public policy to keep children safe. Vehicle Code SS23572 provides a sentence enhancement in any DUI conviction in which a minor under the age of 14 was a passenger.
It is not a distinct offense but a modification that will impose additional required, consecutive jail time to your base DUI sentence. It is not negotiable and cannot be served at the same time. In the case of a first-time DUI, this translates to 48 hours in jail.
In a second offense, it will add 10 days; in a third offense, it will add 30 days. This improvement is made irrespective of your level of BAC and whether you had the intention of causing any harm.
In more severe instances, you might also be charged with a totally distinct offense of child endangerment under Penal Code 273a, which is itself punishable by up to one year in jail.
California DUI Penalties and Punishment
The implications of a DUI conviction in California are numerous and dire. They include jail time, hefty fines usually far beyond the minimum, required educational classes, and a suspension or revocation of your driving license.
Such punishments are not arbitrary; they are stipulated by law and become more severe with each new crime. You may be looking at an initial misdemeanor or a fourth-degree felony, but you should be ready to face penal consequences that are both retributive and rehabilitative in nature. A seasoned Bonita DUI lawyer can assist in sorting them out and battling towards a better result in any DUI case in Bonita.
Penalties for a First Misdemeanor DUI
When found guilty of a first-time DUI, you will be subjected to a variety of penalties, including measures to ensure you do not repeat the offense. These usually involve a sentence of 48 hours and six months in the county jail. However, a good lawyer can sometimes bargain for an alternative, such as community service or work release, instead of jail time.
You will pay fines that begin at $390 but can easily reach over 2,000 once a host of court charges and penalty payments have been added. The court will also direct you to attend a three- or nine-month DUI education program. The suspension of your driver’s license will be for six months. Nevertheless, you may typically receive a limited license permitting you to drive to and from work and your DUI program with an ignition interlock device, or IID, installed in your car for over six months.
Punishments for a Second Misdemeanor DUI Within 10 years
A second violation of DUI in 10 years entails much more stringent and uncompromising punishments. The required jail time is raised to 96 hours and may last one year. Judges will be much less likely to offer alternatives to jail on a second offense. Fines are kept in the same range of bases, but the overall cost increases because the program is more critical and needs more time, and the insurance premium increases.
The court will direct you to undergo an intensive 18-month or 30-month DUI education program. The Department of Motor Vehicles will suspend your driver’s license for two years. Once a 90-day rigid suspension is over, you may be allowed a restricted license, but you must install an IID for at least one year.
Penalties for a Third Misdemeanor DUI Within 10 Years
The third time you commit a DUI in the 10-year range, the punishment is harsh because the court now considers you a habitual offender who can be a serious threat to others. This means that you will be subject to a minimum of 120 days of county jail time and a possible maximum of one year.
Penalties and examinations may go up to a few thousand dollars. A 30-month DUI program will be ordered, and you will be labeled a habitual traffic offender by the DMV during a period of three years. Your driver’s license will not be suspended, but revoked in three years. A long and challenging road to sobriety and installing an IID will take time before driving privileges are reinstated.
Penalties for Felony DUI, Fourth Offense, or with Injury
A conviction of a felony DUI has the most serious consequences, as it will essentially alter your legal status forever. When you are found guilty of a fourth DUI within 10 years or a DUI with serious injury, you will be sentenced to 16 months, two years, or three years in California state prison.
The penalty may be raised to $5,000, and the total may be over $18,000 when the victims receive restitution. Your driving license is going to be suspended for at least four years. Above all, you will lose some civil rights, including the right to vote in prison or on parole, the right to serve on a jury, and the right to own or possess a gun forever. This belief will permanently appear on your criminal record as a felony, posing serious obstacles to future jobs, career licensing, and housing.
Find a San Diego DUI Attorney Near Me
DUI laws in California are a maze of rules, categories, and increasing punishments. Every case, whether a misdemeanor or a DUI resulting in injury, has its own legal aspects and harsh, lasting effects that may affect your liberty, money, and future.
A DUI offense arrest in Bonita is a legal issue that may not necessarily lead to conviction or the most severe punishments. The particulars of your case are essential, and an aggressive and informed defense is your best weapon in combating the charges.
You may not want to wait to seek assistance should you encounter any DUI charges in the San Diego area. At the San Diego DUI Attorney, we are open 24/7 to present a strong defense based on your situation. You can arrange a consultation with us now at 619-535-7150.
