If you’re wondering “is a DUI a misdemeanor?” the answer is, it depends. The details of the offense and the characteristics of the perpetrator typically play a role in determining whether a DUI is a misdemeanor or felony in California.
If you are convicted of driving under the influence (DUI) in California, the penalties you face can negatively affect your future for years to come. The minimum and max punishments that a judge can give for a DUI are established by California law, and are usually determined by the defendant’s number of prior DUI offenses. It is important to have strong legal representation in these situations.
Continue reading to discover everything you should know about the penalties for a DUI in California and how they could affect your future.
Is a DUI a Misdemeanor: Consequences of a First DUI Conviction
If you are charged with your first DUI in California, it is a misdemeanor. Penalties for a first-time DUI conviction may include:
- Fines: $390 to $1,000 plus penalty assessments
- 48 hours to six months in jail
- Six-month DUI license suspension (+ four-month administrative suspension for BAC of .08% or more)
- up to 3 – 5 years probation
- 3 months of DUI classes (9 months for BACs of .20%+)
Consequences of a Second DUI Conviction
If you are convicted of a second DUI in California, it is also considered a misdemeanor. The following penalties may be imposed:
- Fines: $390 to $1,000 plus penalty assessments
- 96 hours to one year in jail
- two-year license suspension + 12-month administrative suspension for offenses involving a BAC of .08% or more
- Ignition interlock device (IID) for at least 12 months
- 3 – 5 years probation
- 18 – 30 months of DUI classes
Consequences of a Third DUI Conviction
In California, a third DUI usually results in a misdemeanor charge. You could be subject to these penalties if convicted:
- Fines: $390 to $1,000 plus penalty assessments
- 120 days – one year in jail
- three-year license suspension + 12-month administrative suspension for offenses involving a BAC of .08% or more
- IID for at least 2 years
- 3 – 5 years probation
- 30-month DUI school
Consequences of Felony DUI Charges
The penalties for felony DUIs are much more severe than those for misdemeanors. It is important to hire a qualified DUI attorney and legal team to defend your rights. The DUI attorneys at Prentiss Law are experienced in California law and help their clients navigate misdemeanor and felony DUI charges.
DUIs can be elevated to felonies in certain circumstances, including the following.
DUIs with Injuries
If someone is injured in a DUI accident, the driver could face a felony DUI charge with harsher consequences. However, DUI injury convictions are considered “wobblers,” which means they can be charged as either a felony or a misdemeanor.
An injury DUI charge can result in a prison term ranging from 16 months up to four years, if it is charged as a felony. Fines for a DUI injury case could be between $390 and $5,000, depending on the defendant’s record.
DUIs with Fatalities
DUI offenders who cause the death of another person usually face charges of vehicular manslaughter or murder. The following charges may be brought against such a defendant:
- Second-degree murder
- Gross vehicular manslaughter while intoxicated
- Negligent vehicular manslaughter while intoxicated
These crimes have a wide range of punishments. A misdemeanor negligent vehicular manslaughter while intoxicated conviction can result in up to a year imprisonment and a maximum fine of $1,000. A second-degree murder conviction, on the other hand, is a felony punishable by 15 years to life in state prison.
Fourth or Subsequent DUI Within Ten Years
A fourth DUI within ten years in California can be charged as a felony. Fourth DUI is punishable by 16 months to four years in prison and fines of $390 to $1,000.
Past Felony DUI Convictions
Even if the current offense doesn’t include any aggravating factors, a driver with a prior felony DUI conviction within the past decade can face felony DUI charges. A conviction can result in 16 months to four years in prison and fines of $390 to $1,000.
Contact an Experienced DUI Lawyer Today
Stop wondering “is a DUI a misdemeanor” and get a good attorney on your side. A lawyer could help you fight these charges to save your criminal record and future.
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