As you may know, charges involving DUI (driving under the influence) or DWI (driving while impaired or intoxicated), as other states call it, often start as traffic stops. Sometimes they also stem from road accidents or DUI checkpoints. This has left many people wondering whether drunk driving is a traffic violation or a criminal offense. Whereas the answer is significantly contingent on the case facts and the specific laws, it can usually be both. This blog examines the factors that contribute to the classification of DUI as a crime.
Traffic Violation or Criminal Offense?
A DWI or DUI occurs while a person is operating a motor vehicle. Thus, it is in itself a traffic offense. However, in California and the whole of the United States, DUI is generally deemed a criminal offense and punished as such. It becomes a crime once the police have determined the motorist was impaired and the prosecution files criminal charges. Here are reasons why drunk driving is deemed a criminal offense:
DUI and Traffic Violation Definition
Traffic violations in California generally include minor infractions of the Vehicle Code, like speeding (VC 22350) or failure to yield the right of way (VC 21800-21804). They usually subject a person to a fine paid in traffic court or by mail, a citation, and a possible addition of one or several points to the motorist's record.
Although amassing too many traffic points can result in a license suspension, traffic infractions do not typically result in probation or jail time. They also do not reflect on a person's criminal record, which is usually accessible during background checks.
DUI is a crime because violations are more serious than traffic infractions. The general California DUI laws are VC 23152(a), DUI of alcohol, and VC 23152(b), DUI with a BAC of .08% or more. Even as a minor offense, DUI is treated with a degree of seriousness and scrutiny that far exceeds that of regular traffic violations.
Particularly in DUIs that involve alcohol, both VC Sections 23152(b) and 23152(a) are charged, though the judge can only convict for one violation. Additionally, if a drunk driving incident leads to death, charges such as vehicular manslaughter per PC Sections 192 and 191.5 might also apply.
Legal Classification
Typically, DUI violations in California and many other states are classified as felonies or misdemeanors based on the case facts. A first-time DUI violation is usually a misdemeanor, whereas repeat violations or DUIs that involve accidents, deaths, or injuries can be felonies.
Some states, like New Jersey, often consider first-time DWI violations as traffic infractions, not criminal offenses. A few other states treat underage DUI as just a traffic violation and thus not a criminal offense. Some states, like New York and Colorado, also have lesser drunk driving violations known as DWAI (driving while ability impaired) that are solely infractions. It is very rare for a drunk driving incident to be charged as a non-crime.
Threat to Public Safety.
Drunk driving poses a heightened risk to the general public's safety, which is why most states have a strict stance on it. Drunk motorists have slower reaction times, impaired judgment, and reduced motor skills, increasing the risk of collisions and deaths. Being caught driving an auto while intoxicated is sufficient to lead to criminal charges, even if a motorist does not cause a crash.
Criminal Penalties
Unlike traffic violations, which result only in points on a motorist’s license and fines, a conviction of DUI triggers severe collateral and criminal penalties that could significantly affect a defendant's freedom, driving privileges, financial stability, and criminal record. Legal penalties include the following:
- Possible incarceration. A first-time DUI offender may face between a few days and several months in custody. A repeat offender or an offender who causes an accident may be subject to longer sentences.
- DUI school programs. The judge may order an offender to attend a court-approved rehabilitation or DUI education program to address their drug or alcohol abuse problems.
- Probation. DUI offenders can also be subject to probation sentences. Probation sentences can range from three to five years, with stringent terms and conditions, including community service and regular meetings with a probation officer.
- Driver's license suspension. A drunk driving conviction can result in the revocation or suspension of a driver's license. The suspension period varies depending on the seriousness of the crime.
- Fines. Drunk driving fines can range from hundreds to thousands of dollars, contingent on the jurisdiction and number of past violations.
- Criminal record. DUI convictions result in a criminal record. This can have lasting implications for a person's professional and personal life.
Collateral consequences may include the following:
- High insurance rates. Car or insurance premiums generally skyrocket if convicted of DUI. When this happens, some auto insurance providers might decline to cover high-risk motorists.
- Effect on employment. Several employers run background checks, and having a conviction on your criminal record could prevent a person from securing a job and result in termination.
- Travel restrictions. Some nations impose strict entry conditions for individuals with criminal records, potentially limiting travel opportunities.
- Reputational damage. A DUI conviction or arrest can significantly damage a person's reputation, impacting social standing and relationships. This is true mostly for commercial drivers.
The presence of past DUI convictions or aggravating circumstances like causing harm to someone else, driving at an excessive speed, or driving with a child under fourteen years in the car can result in felony DUI charges under VC 23153 or 23550, possibly resulting in several years of imprisonment.
Criminal vs. Administrative Repercussions Distinction
Examining the distinction between a traffic infraction and a DUI requires analyzing their respective administrative and criminal penalties. Traffic violations primarily result in administrative consequences through the Department of Motor Vehicles (DMV). Being found liable or paying a fine results in the DMV officers adding more points to an offender's driving record. Amassing too many of these points can lead to the revocation or suspension of an offender's driving privileges. Apart from fines and the various administrative measures, typical traffic violations do not carry criminal consequences. That means incarceration is not possible.
However, a DUI triggers two legal processes: a criminal process and a distinct administrative process by the Department of Motor Vehicles. The criminal court process has a DUI offender facing possible jail time, probation, court-mandated DUI programs, and fines. Simultaneously, the Department of Motor Vehicles holds its own proceeding to determine whether to restrict or suspend the driving privilege.
Often, the DMV act is triggered by a motorist having a BAC level of .08% or more, or if they refuse to undergo chemical testing. The interconnection between the court process and DMV administrative hearing can be complex. Even if the judge dismisses the criminal charges or lowers the charges, the DMV may still suspend an offender's driver's license if particular factors are proven during the hearing.
Jury Instructions for Drunk Driving Cases
Should a drunk driving case go to trial, the jury refers to the standard instructions provided under the CALCRIM (California Criminal Jury Instructions) for guidance. Commonly referred to instructions for drunk-driving include CALCRIM No. 211 for operating a vehicle with a .08 percent or more BAC and CALCRIM No. 2110 for DUI of drugs and alcohol.
These instructions provide detailed explanations of the factors the D.A. must demonstrate beyond a reasonable doubt. These factors include the accused operating an automobile while intoxicated with drugs or alcohol, or having a BAC more than the stipulated limit when they drove.
Additionally, the jury instructions clarify that the jury should interpret each piece of evidence separately. This includes the breath or blood test results, the dependability of testing techniques, and considerations of field sobriety tests and driving patterns. Unlike a standard traffic violation hearing, in which a judge decides, DUI cases can be heard before a judge only or before a jury of 12 members who must reach a unanimous verdict. Therefore, jury instructions are crucial in shaping how jurors view the available evidence and apply the relevant laws.
DUI May Attract Charges Under the Penal Code
Although DUI violations in California are primarily regulated under the Vehicle Code Sections, the Penal Code may become relevant in some instances. For example, if a motorist accused of DUI inflicted injury on someone else, the crime might be prosecuted under VC 23153. This is a wobbler crime that the prosecutor can charge either as a felony or a misdemeanor. A felony DUI causing injury can relate to provisions under the Penal Code when determining additional charges or enhancements. For example, 12022.7 PC, which addresses causing significant bodily harm, can relate to DUI causing injury.
In addition, unlike traffic violations, sentencing in DUI cases frequently references different laws under the Penal Code that govern the general rules of sentencing, fines, and probation requirements. Although the laws under the Vehicle Code specify the standard penalties for driving while intoxicated or under the influence of drugs, the sentencing judge might refer to Penal Code Sections, which can guide them on the terms and conditions of probation.
Violating a probation sentence, even in DUI cases, can result in distinct proceedings under 1203.2 PC, which addresses probation revocations. Also, if someone is arrested driving while intoxicated with a child passenger, they may be subject to child endangerment charges under PC 273(a). Also, being intoxicated in a public setting can at times be linked to DUI incidents and is prosecuted under PC 647(f).
Court Processes and Representations
Traffic violations typically follow straightforward court procedures. The motorist can either appear before traffic court and challenge the citation or pay the required fine before their court date. If the motorist opts to challenge the violation, the initial court appearance will be the arraignment. During this hearing, they can plead guilty, not guilty, or no contest. If the court requests a trial, the citing officer must present themself in court. Should they fail to show up, the court will often dismiss the traffic ticket. If they appear, the court will consider and review the evidence submitted and issue a verdict.
Generally, the judge's ruling is final unless there are unusual events. This streamlined process often does not necessitate hiring a lawyer, although a motorist may opt to hire one in more complex cases or to prevent possible consequences on their license.
On the other hand, the DUI court process is more formal and intricate. The arresting police officer presents a report to the prosecutor, who then determines whether to press charges. If they file charges, the court will require that the accused appear in court for the arraignment hearing. During this hearing, the judge informs them of their charges, and they are allowed to enter a plea.
After the arraignment, the court may hold several pre-trial hearings. During these hearings, the defendant can conduct discovery of evidence, such as police reports, body camera footage, and laboratory analyses. Additionally, negotiations between the defense team and prosecution, a process called plea deal bargaining, often occur during pre-trial settings. If no resolution is reached during these negotiations, the case goes to trial.
A DUI court trial can be by the jury (jury trial) or only by a judge (bench trial). The proceedings may involve expert witnesses testifying on matters such as field sobriety tests, chemical testing, and blood or breath testing procedures. Considering the stakes are too high, DUI defendants can generally benefit from the aid of a skilled lawyer who deeply understands the scientific evidence, legal standards, and procedures in local courts.
Find an Experienced DUI Defense Lawyer Near Me
If you face DUI charges, recognize that the law treats these cases with a degree of seriousness unmatched by traffic violations. The court procedures and penalties involved make seeking professional legal help highly advisable. A specialized DUI lawyer has the necessary skill to examine all the evidence to fight for case dismissals or reduced penalties when possible. Additionally, they can provide valuable guidance during the DMV administrative hearing.
At Jonathan Franklin DUI Attorney, we are available to assist you in navigating the intricacies of DUI charges and work toward obtaining the most favorable results that fit your case. If you still have concerns about whether a DUI is a criminal offense or a traffic violation, we will address them, helping you better understand the law. We have served clients facing DUI charges in Los Angeles diligently and can do the same for you. Call us at 323-464-6700 for a free consultation and case evaluation.
