Driving under the influence (DUI) is not just a minor traffic infraction. Depending on the circumstances, it could be tried as a misdemeanor or a felony. These classifications determine the severity of offenses, with misdemeanors being considered less severe than felonies.
Most first-time California crimes are considered misdemeanors, but repeat offenses or specific circumstances can elevate the charges to felony crimes. This blog post offers detailed information on the classification of a DUI as a misdemeanor.
What Is a Misdemeanor?
Misdemeanors are a category of criminal charges that generally involve minor offenses. While not as severe as felony charges, misdemeanors should still be taken seriously because they can have an impact on your criminal record. It is important to note that they are distinct from moving or traffic violations, as these do not contribute to your record.
In general, misdemeanors result in less severe punishments compared to felonies, such as the following:
- Shorter jail time that’s served in a county or local jail, rather than a prison.
- Lower fines.
- While all offenses can show up on your background check, it is important to note that a misdemeanor crime doesn’t have the same lasting impact as a felony.
Unfortunately, driving under the influence (DUI) is classified as a misdemeanor and carries substantial consequences. If you’re found guilty, you may face significant penalties such as hefty fines, a suspended driving license, mandatory attendance in traffic safety classes, and even imprisonment. It’s crucial to fully grasp the gravity of these penalties and act responsibly to avoid such severe repercussions.
An Overview of DUI Misdemeanor
A California DUI can be tried as a misdemeanor crime if three requirements are met:
- If someone has been charged for a 1st, 2nd, or 3rd offense, depending on whether they have had any previous wet reckless or DUI convictions within the past ten years.
- There were no injuries.
- The motorist has not been convicted of any DUI felonies in the past.
Under VC 23152, it’s illegal for any individual to operate an automobile while they are impaired by drug use or alcoholic beverages and have a blood alcohol concentration (BAC) of 0.08% or higher
If someone has consumed an alcoholic beverage or drug, they are considered to be under the influence if:
- Their mental and physical abilities are affected.
- They can’t operate the vehicle with caution as a sober person.
Penalties for a DUI Misdemeanor Conviction
In California, penalties for misdemeanor DUIs can vary based on mitigating or aggravating factors and criminal history. To fully understand the potential consequences of a DUI in the state, it is crucial to consider certain factors.
First-Time DUI Conviction
Getting convicted of a 1st DUI offense is considered a misdemeanor, which means that the associated penalties are not as severe as those for subsequent offenses. However, it is still important to note that there are consequences involved. These include:
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Fines
Getting a DUI can lead to substantial fines, ranging between $390 and $1, 000, along with additional penalty appraisals that can significantly increase the overall cost. In total, the expenses for a first DUI can easily amount to several thousands of dollars.
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Jail
First-time offenders may face a sentence of not more than six months behind bars. It is important to note that in most situations, judges order probation. This means that judges often choose not to order mandatory jail terms, especially for first-time offenders.
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Probation
First-time offenders convicted of driving under the influence are typically placed on probation for a period of three years, which can be extended to five years if deemed necessary. As a condition of their probationary term, they should complete a DUI school program for three months consisting of a 30-hour period for classes. Individuals with a blood alcohol concentration level of 0.2% or higher are required to complete a 9-month, 60-hour program.
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License Suspension
After a first DUI charge, the driver's license is typically suspended for six months. In addition, the DMV imposes a 4-month administrative license suspension if the motorist has a BAC level of 0.08% or higher.
Drivers who reject BAC testing risk facing an administrative license suspension for one year. However, the two suspensions can overlap if they are levied, meaning drivers won't have to finish two separate suspensions. After serving a thirty-day suspension, motorists can qualify for a restricted driver’s license, allowing travel to and from school and work.
Los Angeles County has a strict policy for first-time offenders, which mandates the installation and maintenance of Ignition Interlock Devices (IIDs) in their vehicles for five months following their suspension. This measure aims to promote safer roads and discourage repeat offenses. In contrast, in other counties, judges are granted the discretion to order Ignition Interlock Devices (IIDs) for no more than 3 years, which serves as an additional deterrent against future violations.
Second Time DUI Conviction
Being convicted of a 2nd DUI is considered a misdemeanor, which means the offender will face various penalties. These include the following:
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Jail
If you are convicted of a second DUI offense, you may face jail time ranging from 96 hours to a year. However, in some cases, alternatives such as work programs or house arrests can be used instead of jail time. Thoroughly considering all available options and making informed decisions is crucial to achieving the best possible outcome when facing legal issues.
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Fines
The court fines for second DUIs are similar to those for the first DUI offense, which range between $390 and $1,000 in addition to penalty assessments.
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Driving License Suspension
If you are charged with a 2nd DUI, you will face a 2-year license suspension from the court. Additionally, if the offense involved a blood alcohol concentration of 0.08% or higher, there would be a twelve-month administrative license suspension as well. However, these suspensions can overlap in most cases. After serving a hard license suspension term of ninety days (or a year if the crime involved driving under the influence of drugs), you can apply for a restricted driver’s license.
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Probation
When an individual is convicted of a second DUI offense, they typically receive a 3-year informal probation sentence, which can be extended to 5 years if required. As part of the defendant's probation, you are required to complete either a 30- or 18-month DUI school. The judge determines the duration of the program, ensuring that individuals receive the necessary support and education to prevent future incidents of drunk driving.
In Los Angeles, second-time DUI offenders must have an Ignition Interlock Device (IID) installed in their vehicle for twelve months.
3rd DUI Misdemeanor Conviction
A 3rd DUI conviction is classified as a misdemeanor, and a conviction for this crime bears the following consequences:
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Jail
If convicted of a 3rd DUI, one can expect a jail term of 4 months, which can be reduced to 30 days with probation. In addition, individuals will be required to enroll in a DUI school for a period ranging from 30 months to a year. These consequences serve as both a punishment and an opportunity for rehabilitation.
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Fine
For a 3rd DUI offense, the court fines range between $390 and $1, 000, in addition to the penalty estimates.
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License Suspension
The criminal court will order a 3-year license suspension along with a twelve-month administrative license suspension for crimes involving a blood alcohol concentration level of 0.08% or higher. In cases of drugged driving offenses, motorists can face overlapping license suspensions.
However, after concluding a hard license suspension period of 6 months to 1 year, individuals can apply for a restricted driver’s license. Granting limited driving privileges allows individuals to regain a sense of freedom on the road while ensuring that public safety remains a top priority.
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Probation
For third-time DUI offenders, it is typically recommended to complete 3 to 5 years of misdemeanor probation. As part of this probation, the magistrate can also require attendance at a thirty-month DUI program. Additionally, a 3rd DUI conviction usually carries a mandatory 24-month requirement for an ignition interlock device (IID). These measures are implemented to prioritize the safety of all individuals on the road.
In California, a DUI arrest can have more serious consequences if certain aggravating elements are present. These factors include having a passenger under 14 years old, violating implied consent law, or having a BAC level of 0.15% or higher. It is crucial to be aware of these factors and understand the potential impact they can have on your case.
California DUI Involving Injuries or Deaths Penalties
DUIs that result in injuries or death carry severe consequences. If you hurt an individual in a DUI-related accident, the penalties are even more severe than those for a regular DUI. In such cases, it is crucial to understand the potential financial and legal implications involved. Depending on your history, you may face felony or misdemeanor charges, with potential prison sentences ranging from sixteen months to 4 years for a felony conviction. Moreover, fines for a DUI causing injury can range between $390 and $5,000.
DUI Causing Death
When a driver under the influence causes a fatal accident, they may face charges of vehicular manslaughter or murder. Ensuring accountability in cases of driving under the influence not only brings justice to victims but also sends a message about the serious repercussions.
In this case, a defendant could face charges such as:
- Negligent vehicular manslaughter.
- 2nd-degree murder.
- Gross vehicular manslaughter.
The consequences of different offenses can vary greatly. If someone is convicted of a misdemeanor for negligent vehicular manslaughter while inebriated, they could face a maximum sentence of no more than a year behind bars and a hefty fine not exceeding $1,000. However, if someone is found guilty of 2nd-degree murder, the sentence will be significantly more severe. They could potentially face a sentence ranging between fifteen years and life in prison.
Fighting Against Misdemeanor DUI Charges
When facing misdemeanor DUI charges, there are several effective legal arguments that could be presented based on the specific circumstances. With the help of the right legal strategies, you can fight these charges and protect your legal rights. These legal defenses include:
- There is no reasonable cause for the law enforcement officer to pull you over.
- You were not impaired by alcohol or drugs.
- Law enforcement violated the procedures and protocols.
- The police officer didn’t see you driving.
In standard misdemeanor cases, a law enforcement officer can’t make an arrest unless:
- The crime was perpetrated in law enforcement’s presence.
- The law enforcement has a valid warrant.
However, there are exceptions to these conditions under VC 40300.5. Some of these include:
- The individual is seen in or around an automobile that’s blocking the roadway.
- The individual got involved in the accident.
- There is a risk that proof of the offense could be destroyed or hidden if you are not immediately apprehended.
- The individual will not be charged unless they’re immediately apprehended.
- The individual may cause harm to themselves or others, as well as property damage unless they’re promptly arrested.
Is It Possible To Have A Misdemeanor DUI Removed From My File?
After completing all probation requirements, paying fines, serving jail term, and satisfying additional court-set punishments, it could be possible to meet the specific eligibility requirements. In order to pursue an expungement, it is necessary to formally plead with the court. It is recommended to hire a criminal attorney who specializes in expungements for the best possible outcome.
In some cases, DUI lawyers can also offer guidance and support throughout the process. Expunging a criminal record can make it unlikely to be found in background checks and unnecessary to disclose in most situations. However, it is important to note that expungement may not fully reinstate all rights. For instance, the DMV can still retain the authority to revoke or suspend your license even after the expungement process.
Find a Los Angeles DUI Lawyer Near Me
If you’re facing charges for a misdemeanor DUI, it is crucial to take immediate action to defend yourself. A misdemeanor DUI conviction can lead to harsh consequences, including imprisonment, victim compensation, hefty court fines, and a suspension of your driver's license. If you’ve been arrested for a DUI crime in Los Angeles, you can contact us at Jonathan Franklin DUI Attorney. Our DUI attorneys will assess your case and determine the most suitable course of action to defend you against the DUI charges. Call us at 323-464-6700.
