Being charged with a DUI in California can have serious consequences that affect multiple areas of your life. These penalties vary depending on whether it’s your first DUI or a subsequent offense, as well as whether aggravating factors are present. The team at The DUI Man is here to provide strong legal representation and fight to minimize or eliminate these penalties.
Penalties for a First DUI Offense in California
If this is your first time being charged with a DUI, the penalties can still be quite serious. California aims to discourage impaired driving, even for first-time offenses. Possible penalties include:
- Fines and Fees ranging from $390 to $1,000, plus additional court and penalty assessments that can significantly increase this amount.
- Driver’s License Suspension for up to 6 months.
- Probation typically lasts 3 to 5 years, including mandatory attendance at DUI education programs.
- Installation of an Ignition Interlock Device (IID) for at least 6 months in some cases.
- Jail Time ranging from 48 hours to 6 months (although first offenders often receive alternative sentencing or probation).
While first-time DUIs don’t carry the harshest consequences, they can still have a lasting impact on your driving record, finances, and personal life.
Penalties for a Second DUI Offense in California
A second DUI within 10 years is met with stricter penalties to dissuade repeat offenders from driving under the influence again. These include:
- Higher Fines and Fees, ranging from $390 to $1,000, with additional assessments.
- Mandatory Jail Time of 96 hours to 12 months (although work-release programs and other alternatives may be available).
- License Suspension for 2 years, though restricted licenses and IID installations may allow for limited driving privileges.
- Probation lasting up to 5 years.
- Mandatory DUI Classes for 18 to 30 months, depending on the severity of your case.
- IID Requirement for at least one year to regain full license privileges.
With a second offense, the state demonstrates it is less forgiving, but with aggressive representation, it is possible to reduce or challenge these penalties.
Penalties for a Third or Subsequent DUI Offense
If you are facing your third or more DUI charge within 10 years, the consequences increase exponentially. Here’s what you can expect if convicted:
- Fines and Fees exceeding $2,500 due to additional penalty assessments.
- Mandatory Jail Time of 120 days to one year.
- Driver’s License Suspension for 3 years, often with IID installation required to qualify for restricted driving privileges.
- Probation lasting 3 to 5 years.
- Long-Term DUI Programs lasting 30 months.
- Designation as a Habitual Traffic Offender (HTO): This carries its own set of legal and financial complications.
A third or subsequent offense poses significant risks to your freedom, finances, and reputation, making it crucial to have a strong legal advocate by your side.
Felony DUI Penalties
A DUI becomes a felony in certain situations, carrying the harshest penalties under California DUI law. You could face felony DUI charges if:
- It’s your fourth DUI in 10 years.
- You were previously convicted of a felony DUI.
- You caused an accident resulting in injury or death.
- You are charged with DUI causing death under California’s “Watson Rule” (second-degree murder).
Felony DUI convictions can result in:
- Prison sentences ranging from 16 months to life, depending on the circumstances.
- Fines up to $10,000.
- Revocation of your driver’s license for up to 5 years.
- Installation of an IID.
- Permanent loss of firearm rights and other restrictions associated with felony charges.
The stakes are high for felony DUI cases, which is why you need an experienced and aggressive attorney to help you secure the best possible result.
Aggravating Factors That Can Increase DUI Penalties
Certain circumstances can elevate the severity of DUI penalties, even for a first offense. These aggravating factors include:
High Blood Alcohol Content (BAC)
If your BAC was significantly higher than the legal limit of 0.08%, you may face enhanced penalties. For commercial drivers or those under 21, lower BAC limits apply, making it easier for the state to impose stricter consequences.
Refusing a Breath or Blood Test
Under California’s implied consent law, refusing a chemical test after being arrested for DUI will lead to additional penalties, including extended license suspension and mandatory jail time.
DUI with a Child Passenger
Driving under the influence with a minor in the vehicle is considered child endangerment. This can result in additional charges and penalties, including jail time and a permanent mark on your record.
Causing an Accident or Hitting a Pedestrian
If your DUI resulted in a car accident or injury to another person—including pedestrians or other drivers—you could face DUI causing injury charges or even vehicular manslaughter. These charges carry heavier penalties such as extended jail or prison time, higher fines, and civil lawsuits.
Driving on a Suspended License
If you were driving on a suspended or revoked license at the time of your DUI, you’ll face additional charges and penalties, which may include extended suspension periods, higher fines, and mandatory jail time.
Avoid Harsh Penalties with The DUI Man – Your Trusted California DUI Lawyer
A DUI charge doesn’t have to ruin your life, especially if you work with a skilled attorney who knows how to challenge the evidence and advocate for reduced penalties or case dismissal. At The DUI Man, we focus exclusively on DUI defense, giving you the advantage of specialized expertise and a proven track record of success.
Here’s what you can expect when you work with us:
- Personalized Strategies: We analyze every detail of your case to craft a defense that fits your situation.
- Aggressive Representation: We challenge field sobriety test results, BAC readings, and procedural errors to weaken the prosecution’s case.
- Reputation & Relationships: Our experience and rapport with California judges and prosecutors can help secure favorable results.
Don’t leave your future in the hands of someone inexperienced. Contact The DUI Man today for a free consultation and take the first step toward protecting your rights and minimizing the impact of a DUI charge.
Contact us to discuss your case. Together, we’ll fight for the best possible outcome for you.
