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California DUI Offenses: Know The Consequences and Jail Time Penalties

Posted by Robert Berglund | Nov 15, 2024

Understanding California's drunk driving laws is tough. But knowing the penalties is key for drivers. The Golden State has different penalties for driving under the influence (DUI), based on the blood alcohol content (BAC) level, prior DUI convictions, and if injuries happened.

Most DUIs in California are misdemeanors.  However, they can become felonies in some cases.  Felony DUIs happen when someone gets hurt, the driver has a past felony DUI, or has three prior DUIs in the last 10 years.

Key Takeaways

  • DUI offenses in California range from misdemeanors to felonies, with penalties varying based on factors like prior convictions and injury involvement.
  • First-time DUI offenders can face up to 6 months in county jail, fines up to $2,500, and 3-5 years of probation.
  • Repeat offenders face increased jail time, higher fines, and longer license suspensions, as well as mandatory ignition interlock device (IID) installation.
  • Felony DUI charges can result in a state prison sentence, along with additional penalties and a convicted felon designation.
  • A DUI that causes injury or death can lead to significant prison time and designate the offender as a "habitual traffic offender" (HTO).

Understanding California DUI Laws and Classifications

California's DUI laws are found in Vehicle Code Sections 23152 and 23153.  They set rules and penalties for drunk driving.  Knowing the different DUI charges is key to understanding the legal system and avoiding bad outcomes.

Misdemeanor vs. Felony DUI Charges

Most DUI charges in California are misdemeanors.  This is true for first-time offenders without any extra bad stuff.  However, a DUI can become a felony if you cause injury or death, have a past felony DUI, or this is your 4th DUI in a 10 year period.

The penalties for a California DUI can change based on the situation and your past. It's wise to get legal advice. This helps you understand the DUI conviction consequences and drunk driving felony charges better.  Call Berglund Law Office, P.C. today at (877) 667-1205 or submit our CONTACT form to request a free and confidential consultation with our Los Angeles DUI attorney.

Blood Alcohol Content (BAC) Legal Limits

In California, the legal BAC limit is 0.08% for most drivers.  Commercial drivers must stay under 0.04%.  Drivers under 21 can be charged for driving with a BAC of 0.01% or higher. 

First-Time DUI Offense Penalties

In California, first-time DUI offenders face penalties like probation, fines, and license suspensions.  Those convicted of a first offense DUI in California get 3-5 years of probation. They might also get up to 6 months in jail and fines up to $2,500.

The court will order a 3, 6, or 9-month alcohol program. They might also make you install an ignition interlock device in your car for 6 months.  Your driver's license will be suspended for 6-10 months. The total cost of a first-time DUI sentence in California can be thousands of dollars.

The penalties for a first offense DUI in California can change based on where you are and your situation. Talking to a Los Angeles DUI attorney can help you understand what might happen. They can also help you find the best way to handle your case.

Jail Time for DUI Offenses in California

In California, jail time for DUIs can change a lot. It depends on the details of the case.  

County Jail vs. State Prison Sentences

For a first DUI, you might get up to 6 months in county jail.  But, penalties get tougher with each new DUI. A second DUI could mean up to 1 year in jail.

A third DUI offense can lead to 120 days to 1 year in jail.  Felony DUIs, like those with injury, can get you 16 months to 3 years in state prison.  A felony DUI involving death can result in a vehicular manslaughter or second degree murder conviction, resulting in a much longer prison sentence.  

Mandatory Minimum Sentences

California has rules for repeat DUI offenders.  A second DUI means at least 96 hours in jail.  A third DUI offense requires a minimum of 120 days.

Alternative Sentencing Options

Courts might offer other sentences instead of jail. This could be work release, house arrest, or community service. These options depend on the case and local rules.

DUI penalties in California are complex. They change based on BAC, aggravating factors, and criminal history.  It's wise to talk to a DUI lawyer. They can explain the penalties and possible alternatives for your case.

Los Angeles DUI Lawyer

If you have been arrested for DUI in Los Angeles, you should seek the advice of a DUI attorney as soon as possible.  Visit our CONTACT US  page or call us at (877) 667-1205 to schedule a free and confidential consultation.

About the Author

Robert Berglund

Attorney Robert D. Berglund is dedicated to handling any and all traffic violations, including traffic infraction tickets, as well as misdemeanor criminal traffic violations, such as driving under the influence (DUI), driving on a suspended license, and reckless driving.

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There is no charge for the phone consultation. Our office specializes in representing individuals facing traffic violations. Attorney Robert D. Berglund will personally speak with you about your case and provide you with an honest analysis. Contact us today.

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