Driving under the influence of alcohol or drugs (DUI) is one of the most severely punished offenses in California. Prosecutors charge it as a misdemeanor or felony, depending on the details of a case and a defendant’s criminal history. In most cases, a DUI is a misdemeanor. However, if you have three or more prior DUI convictions on your record within ten years, or if there are aggravating factors in your case, the prosecutor will file a felony charge against you.
Whether a misdemeanor or felony, a DUI conviction attracts severe penalties. A skilled attorney can review your case for advice and help with defense if you face DUI charges today. They can also defend your rights and will work alongside you to fight for a favorable outcome.
Specific Circumstances under Which a DUI is a Misdemeanor
A DUI charge in California happens when you are arrested for driving under the influence of alcohol, drugs, or both. The crime, as detailed under VC 23152, prohibits operating a vehicle while your physical and mental abilities are affected by drugs or alcohol, or with a higher-than-standard blood-alcohol concentration level. You can be charged for the former, latter, or both, depending on the police’s findings during the crime investigation. Also, the prosecutor will determine your charges based on the details of your case. Here are typical situations when you can face misdemeanor DUI charges:
A First Offense DUI
A First Offense DUI happens when you have never been arrested for a DUI, and are facing one for the first time. In this case, the prosecutor will not find any DUI-related conviction on your record when they perform a background check. A first DUI conviction is usually not as severe as the second and subsequent DUIs. However, the penalties can be severe. They could include the following:
- A court fine of $390 to $1000 (this can be more due to penalty assessment and other court fees)
- A jail sentence of six months, or misdemeanor probation for up to three years. Probation may include jail alternatives like alcohol or drug treatment, and community service.
- Driver's license suspension for six months. You can qualify for a restricted license after the mandatory suspension by the DMV if you install an ignition interlock device system in all your vehicles at your cost.
- Mandatory enrollment into a DUI program for three to nine months, which you must complete as a condition for misdemeanor probation.
Second Offense DUI
A second offense DUI is also a misdemeanor. It happens if you have a prior DUI conviction on your record within the past 10 years. The police and prosecutors conduct background checks after a DUI arrest to determine the appropriate charge. If you have been recently arrested and convicted of a DUI, it will determine the charge the prosecutor will file against you for the second arrest.
Although a second offense DUI is still a misdemeanor, you will receive more severe penalties than you did after the first conviction. Your penalties may include the following:
- A jail sentence of 96 hours to one year, or misdemeanor court-supervised probation for up to three years, with a mandatory jail sentence of 96 hours
- From $390 to $1000 in court fines, which can increase significantly due to penalty assessment and other court fees
- Two years' driver’s license suspension. You can qualify for a restricted license after one year of suspension, but after installing an IID system in all your vehicles.
- Mandatory DUI school for 18 to 30 months
- You must file an SR-22 insurance form to show that you are a high-risk driver. This requirement is for at least three years and will affect your insurance rates.
Third Offense DUI
A third DUI arrest in California is also a misdemeanor. It happens when you are arrested for DUI for the third time within ten years. There must be two prior DUI convictions on your record within ten years for the current arrest to be considered a third DUI. Although it is still a misdemeanor, its penalties are more severe than those for a first or second DUI. They may include the following:
- A jail sentence of 120 days to one year. You could qualify for house arrest after serving a mandatory minimum jail sentence of 120 days.
- Court fines of $390 to $1000, which can increase to $2000 to $4000 when penalty assessment costs and other court fees are added
- Misdemeanor probation for up to five years, with strict probation conditions, including participating in community work and reporting your progress periodically to the court
- Driver’s license suspension for three years. You may qualify for a restricted license after two years of license suspension. However, you need to install an IID system in all the vehicles you drive to be eligible for restricted driving.
- Mandatory DUI program for 30 months
The Absence of Aggravating Factors
A DUI without any aggravating factors will likely result in misdemeanor charges. Aggravating factors are factors or circumstances that make a crime more severe. They increase your culpability or the extent of harm caused by your actions, warranting a harsher sentence. Prosecutors consider different aggravating factors when determining how to file DUI charges. Some of the factors that may affect your DUI case include the following:
- The presence of a minor during the commission of a crime
- Causing an accident that results in the death, injury, or property damage
- Refusing to take a chemical test
- Having a very high BAC
Minors are highly protected under the law. Driving while intoxicated, with a minor as a passenger in the vehicle, is a serious offense, since you put the life of a child in danger. It can also result in additional charges for child endangerment. Specifically, a DUI becomes a felony if you had a minor aged 14 or younger in the vehicle when you were driving under the influence of alcohol or drugs. A felony will result in more severe penalties, including a prison sentence of 16 months, two or three years, and up to $10,000 in court fines. You could also lose your driver’s license for years of suspension, or the DMV can revoke it altogether.
Causing an accident while driving under the influence also aggravates the crime. Generally, DUI with injury is a wobbler in California, meaning that the prosecutor can file misdemeanor or felony charges against you. You will likely face misdemeanor charges after an accident if the accident results in less-severe property damage or injuries. The prosecutor will determine the gravity of your actions to determine how to file your charges. If you cause a serious accident in which a person is injured or killed, the prosecutor will file felony DUI charges.
When you are arrested for impaired driving, the police will likely ask you to provide a breath or blood sample to determine your BAC. The results will decide if you will be charged with DUI under VC 23152(a) for impaired driving, VC 23152 (b) for exceeding the legal BAC laws, or both. If your driving is impaired, but the BAC is below the standard, the prosecutor will likely charge you with a misdemeanor. However, if your BAC is very high, you will likely face felony DUI charges.
Note: the standard BAC for ordinary drivers is 0.08%, and for commercial drivers is 0.04%. Underage drivers (21 years and younger) should not drive with any amount of alcohol in their system according to the zero-tolerance law.
Whether your BAC is lower or higher than standard, you must submit to chemical testing after a DUI arrest. Refusing this test aggravates your charges, regardless of other circumstances of your case. This may result in felony DUI charges, according to California Implied Consent laws.
Misdemeanor DUI is Still Severe
All DUI convictions are severe, whether misdemeanor or felony, because they result in life-changing penalties. You should be equally concerned and take the necessary steps to fight your charges if you are arrested for a misdemeanor DUI. Start by hiring a competent DUI attorney for advice, guidance, and solid defense against your charges. They will help you understand the legal implications of your charges, possible penalties, and other consequences, and the best defense strategies to avoid a conviction.
Here are ways in which a misdemeanor conviction for a DUI can affect your life:
The Jail Sentence and Probation
A jail sentence, even for a few days, can significantly disrupt your life. It can affect your social ties and damage your physical and mental health. It can also create a significant income or employment barrier that could be difficult to recover from after serving your sentence. Your chances of reoffending increase with the number of days, months, or years you remain in detention. There is also a lot of stigma associated with imprisonment that will affect your self-esteem.
Although you can avoid a jail sentence when the judge sentences you to probation, there are strict probation conditions to worry about. Some conditions make it difficult for you to perform your daily tasks. For example, if you are under house arrest, it limits your freedom and ability to socialize. Although the mandatory DUI program benefits you in the long run, you must pay for all associated costs.
The Court Fine
This also affects your financial life, especially if the fine and associated court fees exceed what you can afford.
A Criminal Record
A misdemeanor conviction stays on your record for up to 10 years. Public records are publicly available, and anyone who runs a background check on you will find them. This includes potential employers, loan lenders, and insurance companies. An employer may deny you a job opportunity because of a damaging record, regardless of your qualifications. A loan lender or insurance provider may increase your rates.
License Suspension and Revocation
Driving brings convenience to your life because you can run errands and get to work or school quickly. However, you cannot enjoy this convenience once the DMV suspends or revokes your license. This is a strong possibility when you are found guilty of driving while intoxicated. Suspension of a driver’s license after a DUI lasts for six months, which is a very long time to struggle to go to work, school, or run errands. License reinstatement is also a complex process you must worry about.
Although you may qualify for a restricted license after a few months of suspension, you must pay for all associated fees. A restricted license is also highly limiting, as you can only drive to essential destinations, like school and work. You must also incur the cost of installing an IID system in any vehicle accessible to you.
However, you can avoid these and other severe consequences of a misdemeanor DUI conviction with the help of a skilled DUI attorney. An attorney can use some of the best defense strategies for a favorable resolution of your case. Some of the strategies that may help include the following:
- Accepting a plea deal for a less severe offense, like wet reckless
- Arguing that the police did not have probable cause for your arrest
- Providing that the police violated your civil rights by coercing your confession, or denying your rights to an attorney
- Proving that you were not impaired by alcohol or drugs and that your signs of intoxication were caused by fatigue, or an illness like the flu
- Proving that your chemical test results were a false positive, because you have GERD or have used an alcohol-based product like mouthwash
Find a Competent DUI Attorney Near Me
If you or someone you know is facing misdemeanor DUI charges in Los Angeles, you should speak to a skilled DUI attorney. Although a misdemeanor is not as severe as a felony, the penalties of a misdemeanor DUI conviction are life-changing. In addition to a hefty court fine and a jail sentence, it leaves you with a criminal record that continues to affect different aspects of your life for years.
At Jonathan Franklin DUI Attorney, we take every DUI arrest seriously. We can help you understand the gravity of your charges and the possible penalties as we plan a solid defense. We could convince the court to reduce or dismiss your charges. Call us at 323-464-6700 to discuss your case and our services further.
