California DUI charges are very serious allegations that can result in large fines, potential jail time, and a loss of driving privileges for an extended period of time. DUI charges can be felonies or misdemeanors, depending on the circumstances involved. Regardless of the nature of the charge, the DMV will suspend your license upon repeated violations.
DUI Felony Charge in CA
The DUI law in California is governed by Vehicle Code Statute 23152, which sets out to standards to charge a DUI. The first, at 23152(a), states “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” The second, at 23152(b), states the .08 limit assumption of “It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” These two charges cover practically every situation: the first if someone is driving erratically under the influence and may not be at .08 BAC, and the second if a person is driving but has a blood alcohol level of .08 or greater.
Felony charges usually occur for DUIs after multiple convictions, or if there has been an injury caused as a result of drunk driving. Typically, the first DUI charge is a misdemeanor unless there are circumstances of a bad nature that will make it rise to a felony.
Felony Convictions for DUI (penalties/sentencing/jail),
Being convicted for a DUI will result in the following, every time: A maximum $1000 fine, a suspension of driving privileges for 1 year minimum IF you refuse to submit to testing for alcohol, and court mandated probation. Jail time will be given to multiple offenses occurring within 10 years of the first DUI, from a BAC reading of .20 or higher, or if bodily injury occurs as a result of the DUI. Typical jail time ranges from 48 hours for a first offense to maximum 16-24 month sentences in prison or 1 year county jail for a DUI with multiple prior offenses. For first time offenses in California, you may be eligible for a work furlough program in lieu of jail time
When Can it be Reduced to a Misdemeanor
DUIs can be reduced to a misdemeanor usually for the first offense, or when the circumstances call for a reduction. A typical reduction will result from several factors: weak evidence such as lack of breathalyzer or sobriety check results, a low level .06-.10 BAC that can be converted to a “Wet Reckless” charge, or a plea bargained situation for early resolution of the case. DUIs usually will NOT be reduced if they result in any injury from an accident.
CA DMV/DUI Laws for Felony DUIs,
DMV’s laws regarding DUIs are pretty straight forward. Any refusal to submit to a breathalyzer or alcohol testing will result in an automatic 1 year revocation of your driver’s license. For the first offense, your license will be suspended for 4 months, but you may be eligible for a restricted license for use driving to and from work. The second offense within 10 years will result in a 1 year suspension, and a third offense will result in a 2 year suspended license.
How a Lawyer Can Help
Having a lawyer for your DUI case is very important to ensure your rights and present the best defense possible. A lawyer can determine if your circumstances will allow for a reduced charge to a “Wet Reckless” which results only in a fine and probation, or a misdemeanor DUI charge without jail time. Without a lawyer, you could accidently plea to a full Felony DUI charge and receive jail time as a result. Having a lawyer will ensure that you receive the best possible sentence for your DUI charge.
