The Penalties You Can Face for a DUI

If you face a DUI charge today, you should be concerned about the penalties you will likely face after a conviction. DUI is a life-changing offense that will affect all aspects of your life, including your family and career. Thus, you should be prepared to fight the charge during your trial to avoid a conviction and its consequences. The consequences of a DUI conviction range from incarceration to loss of your driving privilege. The judge will penalize you according to the circumstances of your case and your criminal history. Since DUI is a priorable offense, your penalties will increase with every prior DUI conviction on your record.

You need a skilled DUI attorney to understand the gravity of your charges, likely penalties, and the strategies you can use to fight the charges. Here are possible penalties for a DUI conviction under different circumstances according to California law:

Who Receives Penalties for a DUI Conviction?

A DUI is a criminal charge for anyone found guilty of operating a vehicle while under the influence of alcohol or drugs. It is a grave offense in California, resulting in a lengthy jail term, a hefty court fine, and other life-changing consequences like suspension or revocation of a driver’s license. The law against DUI is under VC 23152. According to this law, you can face a DUI charge for various violations, including the following:

  • Operating a vehicle while under the influence of alcohol
  • Operating a vehicle while under the influence of a drug
  • Operating a vehicle while intoxicated with a combination of drugs and alcohol
  • Operating a vehicle when you are a drug addict
  • Driving a car with a blood-alcohol concentration of.08% or more (for regular drivers)
  • Operating a car with a blood-alcohol concentration of .04% or more for commercial drivers
  • Operating a hired car like a taxi with a BAC of.04% or more

Additionally, the DUI law under VC 23136 prohibits underage drivers (below 21 years) from operating with any amount of alcohol in their system. Even a BAC of .01% can result in a conviction.

A DUI arrest occurs when the police suspect you of operating a vehicle while impaired or when your BAC test results show you have exceeded a particular threshold. The arresting officer must have probable cause to stop and investigate you for driving under the influence. If you demonstrate visible signs of operating under the influence, the officer will place you under arrest and conduct further investigation to support DUI charges. This means that you can face DUI charges even if your BAC is within the allowed limit. Here are some indications of intoxication that could result in a DUI charge:

  • You were swerving on the road.
  • You accelerated or decelerated rapidly without a valid reason.
  • You violated one or more traffic laws.
  • You were driving dangerously.
  • You failed preliminary sobriety tests.
  • Your speech was slurred, and your eyes were bloodshot and glassy.
  • The officer could smell alcohol on your breath.

These indications of intoxication can be held in court even if you do not take a test to determine your blood-alcohol concentration level.

Additionally, California has a DUI per se statute under VC 23152, which requires the police to test your BAC level to make a DUI arrest. The standard BAC for ordinary drivers must be below .08%. A BAC of .08% or more will result in a DUI charge. This means that the arresting officer must obtain your breath or blood sample to test your BAC level. Typically, the police use breathalyzers for this. However,. If you cannot provide a breath sample because you are too intoxicated or unconscious, the officers can determine your BAc through a blood test. A blood test will also determine if you are high on drugs.

The DUI per se law applies differently to different drivers. Ordinary drivers violate this law when they drive with a BAC level of .08% or more. Commercial drivers, including bus drivers and those who drive cars for hire (like Uber and taxi drivers), violate the law when they drive with a blood-alcohol concentration of .04% or higher.

Penalties for a First DUI Conviction

A first DUI conviction means that you do not have a record of a previous DUI conviction in your criminal record. Although first offenders receive lenient treatment in most cases, first DUI offenders do not receive that treatment because of the gravity of the offense. Thus, you can expect to serve time in jail or a lengthy probation after conviction.

A first-DUI arrest will occur if the police suspect you of operating a vehicle while under the effects of drugs or alcohol. It could be because you were driving recklessly or violated a traffic offense. Once an officer stops you on suspicion of DUI, they investigate you by asking a few questions and asking you to perform some preliminary tests to determine if you are sober or intoxicated. The officer could ask you to provide a breath sample, which you can agree to or decline. However, if they arrest you for DUI, it will be an offense to refuse to submit to a DUI test.

If the officer has enough evidence that you were operating under the influence, the prosecutor will file misdemeanor DUI charges against you. Here are the possible penalties for a first DUI conviction in California:

  • Between 96 hours and six months in jail
  • $390 to $1000 in court fines
  • Misdemeanor probation
  • A suspension of your driver’s license
  • A requirement to install an IID system in your vehicles

A first-offense DUI is always a misdemeanor. The judge can sentence you to jail time or probation. A misdemeanor probation for a DUI will last for between one and five years. While probation seems more favorable than incarceration, you will be under strict probation conditions that the judge will provide during sentencing. The judge could require you to participate in community service, not to commit an offense or be arrested while on probation, and to submit to random DUI tests. You will also be required to register and complete a DUI program in a court-approved DUI school for between three and nine months.

Driving is a privilege in California. You maintain that privilege for as long as you abide by all the conditions of your license. A DUI is a grave violation of your license. Thus, it will result in the suspension of your driver’s license. The suspension could last for four months or more, depending on the circumstances of your case. This means you cannot drive anywhere if the suspension is in effect. Once the suspension ends, you must apply with the DMV for license reinstatement through a lengthy and tedious process. The DMV will review your application and any changes you have made to your behavior to grant your request.

If you must drive a vehicle through the suspension period, the DMV will require you to install an ignition interlock device system in all the vehicles you use. You will incur all the costs of the system’s installation and maintenance. The system will require your breath sample every time you start a vehicle to ensure you are not driving under the influence. If you fail to provide a breath sample or the device detects alcohol in your breath, the car will stop. The information on the device is relayed back to the local station and could result in a DUI arrest while you are still on probation.

Penalties for a Second DUI Conviction

A second DUI charge occurs when you face a DUI charge and have a prior DUI conviction on your record within ten years. After a DUI arrest, the arresting officer must run a background check on you for prior arrests and convictions to determine your charges. Remember that DUI is a priorable offense. This means that the penalties for a current DUI charge depend on prior DUI convictions within ten years. Thus, if you have a DUI conviction on your record, and it occurred within the last ten years, the prosecutor will file a second DUI charge against you.

A second DUI is also a misdemeanor. However, its penalties will be graver than you receive after the first DUI conviction. Your penalties could include the following:

  • 90 days to one year in jail
  • Misdemeanor probation
  • Court fines of between $390 and $1000
  • At least 18 months in a DUI program
  • Two years of driver’s license suspension
  • Mandatory installation of an IID system

The judge has absolute discretion in placing you on probation or sending you to jail for the recommended period under the law. You must abide by all the terms and conditions if they put you on probation. You must provide periodic reports to the court so the judge can monitor your progress. If you violate probation, the judge can make any of the following decisions:

  • Continue your probation on the same terms and conditions but with a stern warning against further violations.
  • To continue probation under new and stricter probation conditions and a warning against violation.
  • To discontinue probation and send you to jail for the recommended period under the law.

A two-year driver’s license suspension is a long one. However, you can apply for a restricted driver’s license during that period. A restricted license will only allow you to drive to and from specific places, like work, school, and the market. You must also install an IID system in your vehicles to avoid driving under the influence while on probation.

Penalties for a Third DUI Conviction

A third DUI occurs when you have two prior DUI convictions on your record within three years. It is also a misdemeanor, resulting in a jail sentence or misdemeanor probation. If the court finds you guilty of a third DUI, you will likely face the following penalties:

  • Between 120 days and one year in jail
  • Misdemeanor probation
  • A court fine of $390 to $1000
  • At least 30 months in a court-approved DUI school
  • Up to three years of driver’s license suspension
  • Mandatory installation of an IID system in all your vehicles

Possible Penalties for a Fourth or Subsequent DUI Conviction

While the first, second, and third DUIs are misdemeanors in California, the fourth and subsequent DUIs are felonies. Remember that a fourth DUI occurs when you have three prior DUI convictions on your record within ten years. If you have three prior DUIs and one happened more than ten years ago, the prosecutor will file a misdemeanor and not a felony charge against you. However, if all three prior DUIs occurred within ten years, you will face felony charges. A felony charge is graver than a misdemeanor. The penalties you will likely face upon conviction include the following:

  • 16 months, two or three years in prison
  • Felony probation with a year in jail
  • Court fines of $390 and $1,000
  • At least 30 months in a court-approved DUI school
  • Four years of driver’s license suspension or revocation

A felony probation can last for up to five years. If the judge puts you on probation, they could require you to serve part of your sentence in jail. Violating felony probation will result in severe consequences, including being sent to prison for the period recommended under the law.

Driver’s license revocation is possible after a felony DUI conviction. Whether the DMV will suspend or revoke your license depends on your case circumstances. For example, if your actions caused someone to sustain significant injuries or death, the DMV can revoke your license. This means you will no longer be able to drive within California. Driving with a revoked license is a grave offense that could result in a lengthy prison sentence.

Penalties for a DUI With Injury

VC 23153 prohibits causing an injury while driving under the influence of alcohol or drugs. The offense is a wobbler. The prosecutor can file it as a misdemeanor or felony, based on the details of your case and criminal record. If the prosecutor files misdemeanor charges against you and the court finds you guilty, you will likely receive the following penalties during sentencing:

  • Between five days and one year in jail
  • Misdemeanor probation for three to five years
  • Court fines from $390 to $5,000
  • Mandatory rehabilitation in a court-approved DUI school for 18 to 30 months
  • Driver’s license suspension for a year
  • Installing an IID in all your vehicles is mandatory for at least six months. Alternatively, you can apply for a restricted license once the DMV suspends your license.
  • A requirement to pay restitution to the victim or victims to enable them to seek medical treatment and therapy

A felony conviction under VC 23153 will result in graver penalties, including the following:

  • 16 months to 10 years in prison, and an additional one to six years for additional people who sustained injuries in the accident. The exact sentence will depend on the number of injured people and the gravity of the injuries.
  • A strike on your criminal record according to the Three Strikes Law. If you have a prior strike, you will receive double the recommended penalties for the second penalty. If this is your third strike, you will receive a 25-year sentence or life in prison.
  • Court fines from $1015 to $5,000
  • Rehabilitation in a court-approved DUI school for 18 to 30 months
  • You will be designated a habitual traffic offender for three years or more.
  • A requirement to install an IID system in all your vehicles to continue driving after license suspension
  • A requirement to pay restitution to the injured parties

Penalties for DUI Hit and Run

A hit-and-run charge occurs when you flee an accident scene after being involved in one. It is a wobbler offense prosecuted under different statutes. VC 20002 is a misdemeanor offense, while VC 20001 is a felony offense. A felony hit-and-run occurs when you flee from an accident that resulted in the injury or death of another person or property damage.

DUI hit-and-run occurs when you flee from an accident scene after a misdemeanor or felony hit-and-run, and you were operating the vehicle while under the effects of alcohol or drugs. If this fits the circumstances of your case, the prosecutor will file separate charges for DUI and hit and run, depending on the circumstances of your case. A misdemeanor hit-and-run is punishable by six months in jail and a fine of $1,000. A felony hit-and-run is punishable by up to four years in prison.

If the judge sentences you to both DUI and hit and run, you will serve the sentences for the two offenses consecutively.

Find a Competent DUI Defense Attorney Near Me

A DUI is a grave offense, resulting in severe penalties and other life-changing consequences. In addition to a lengthy jail or prison sentence and a hefty court fine, you could lose your driver’s license temporarily or permanently after a DUI conviction. A DUI conviction also results in additional points in your driving history, which could eventually affect your license.

Understanding the possible penalties of a DUI conviction helps if you face DUI charges in Bakersfield. Our skilled DUI attorneys at Koenig Law Office will consider the circumstances of your case and criminal history to help you understand your charges and options. We will also develop a solid fighting strategy with you to fight for a favorable outcome for your case. Call us at 661-793-7222 to start the legal journey with us.