DUI/DWI
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LOS ANGELES DUI LAWYERS
DEFENDING CLIENTS CHARGED WITH DRIVING UNDER THE INFLUENCE IN CALIFORNIA�
When facing a charge for driving under the influence (DUI), it can feel like your world is caving in. That’s understandable given the potential sanctions, but the good news is this–there are more DUI defense strategies available in California than most people realize.�
What are the Penalties for a DUI in California?�
The California Vehicle Code identifies a .08 blood alcohol content (BAC) as the legal demarcation point for when a driver is intoxicated. The penalties typically depend on whether the driver has previous DUI convictions and, if so, how many. Other sentencing factors include whether someone else was injured due to someone operating under the influence. Taking all of this into account will determine whether a DUI will be a misdemeanor or felony charge. �
First-Time DUI Offense�
California judges have several sentencing tools at their disposal. A first-time offender will get a minimum of a $390 fine and three months in a Driving Under the Influence program called “DUI school.” Jail time is possible, even on a first offense where no one was injured. So is having a driver’s license suspended.�
The state of California can also employ an Ignition Interlock requirement. This is essentially a breathalyzer that’s built into your car. The technology requires the driver to pass the breathalyzer test before being able to start their vehicle. Ignition Interlock can be used as an alternative to a license suspension.�
Assuming no one was injured due to driving under the influence, the first three offenses will likely be charged as misdemeanors. But even allowing this, the first DUI conviction in California can still result in up to six months in county jail. To avoid having a driver’s license suspension, the individual would have to agree to four months of driving with an Ignition Interlock. That means the added expense of having this technology installed in your car and the monthly fee that comes with it. DUI school could be mandated for up to nine months.�
Second DUI Offense�
Sentences for second and third offenses can gradually escalate across the board. The person convicted of a second DUI faces a minimum of four days in jail, with the maximum now up to a year. Their driver’s license will be suspended for at least six months, and only agreeing to install an Ignition Interlock will prevent the suspension from lasting a year. A DUI school term can now last up to 30 months.�
Third DUI Offense�
The third offense can include, among other penalties, two years in jail and a license suspended for two years, with Ignition Interlock required for the third year. If any of these first three offenses resulted in an injury, there would be at least a few days of jail time and restitution to the injured party. Sentencing is also more likely to be on the high end of judges’ discretionary window.�
When is a DUI a Felony in California?�
By the time we get to the fourth offense, we’re into felony territory. Now, the convicted person is looking at a minimum of 16 months in prison and potentially 16 years.�
In California, there are three other types of DUI felonies that can be charged, such as:
DUI with Child Endangerment - A felony charge is brought when the offender injuries or kills the child passenger under 14 years old, which carries a prison sentence of two to six years in state prison and/or fines of up to $10,000DUI with Injury - The offender has caused an injury due to their intoxication, and they face imprisonment for two to four years in state prison and/or a fine of up to $5,000 Gross Vehicular Manslaughter While Intoxicated - The offender has caused a death due to their intoxication, which carries a sentence of four to 10 years in state prison and/or fines of up to $10,000. et, porttitor at sem.
DUI with Injury - The offender has caused an injury due to their intoxication, and they face imprisonment for two to four years in state prison and/or a fine of up to $5,000
Gross Vehicular Manslaughter While Intoxicated - The offender has caused a death due to their intoxication, which carries a sentence of four to 10 years in state prison and/or fines of up to $10,000.
In all cases involving DUI felonies in California, the court may order the offender to attend alcohol education classes or participate in community service programs. Additionally, the court may require a length of probation and/or suspension of the driver’s license. If you are facing a DUI felony charge in California, it is critical that you seek legal advice right away as these charges carry serious penalties. An attorney can help guide you through the process and provide the advice and representation needed to protect your rights.
All of this is to say that if there’s any way out of a DUI charge, your attorney needs to help you find it. And there are several angles from which to undermine the prosecution’s case. The legal authorities are obligated to respect everyone’s constitutional rights and follow a very reasonable procedure to ensure they do. That starts from the moment the police officer pulls you over.�