If you have been charged with Driving Under the Influence or Driving While Intoxicated (DUI/DWI) and you live in California, you may want to get an overview understanding of California DUI penalties. Everyone is pretty familiar with blood alcohol concentration (BAC) tests and you probably know that it's illegal to drive if your BAC level is .08 or higher, but did you know that:
- If you are 21 or younger the BAC limit is MUCH lower, only .02
- If your BAC is .15 or higher your penalties can be stiffer, even for a first offense
- Impaired is the magic word, regardless of your BAC
If your driving is impaired because of alcohol or drug use (even over the counter or prescription drugs that your doctor has prescribed for you) you can be charged with DUI.
Penalties Vary
DUI penalties vary depending on whether the offense is first, second or third time (or more) within 10 years. Penalties will also be harsher if there was personal injury or a death involved in the incident, or even if the driver refuses to submit to a blood alcohol test.
Counties have the right to impose longer/stronger penalties as well. As an example, California imposes mandatory jail time for second DUI convictions of 4 days but some counties require a minimum mandatory jail sentence of 10 days or 30 days for a second conviction.
Misdemeanor or Felony?
Generally speaking if the DUI conviction has no aggravating circumstances such as injury to another person or death or is the second or less conviction in 10 years the driver will be charged with misdemeanor DUI. If aggravating circumstances do exist or the driver has multiple DUI convictions in 10 years, the driver is more likely to be charged with felony DUI which carries stiffer penalties and requires the driver to pay restitution to victims.
Types of Penalties Imposed
California imposes penalties in several different categories when someone is convicted of DUI. Some examples are:
- Probation (NO drinking or driving, and 3rd DUI may get formal probation involving reporting to a probation officer)
- Jail Time (mandatory jail time can sometimes be converted to community service
- Fines and Fees (can be upwards of $1,800 for a 1st offense or $2,800 for a 3rd offense
- Driver license (if suspended you can't drive at all, if your license is restricted you can drive to and from work only)
- DUI School can be ordered for different lengths of time
- Ignition Interlock Device to ensure you never start your car with alcohol on your breath
Get Legal Help
An experienced DUI defense attorney can explain the laws and penalties in your county, as they can vary depending on county and can be more severe that outlined above. An attorney may also be able to negotiate community service for you in place of other penalties such as jail time, so get legal help as soon as possible.
