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Types of DUI Charges in California: Consequences You Need to Understand

Driving under the influence (DUI) is a serious offense in California, and the state enforces strict laws to penalize impaired driving. Whether it’s a first-time offense or a repeat violation, DUI charges can carry severe legal and financial consequences.

If you’re wondering, what happens if you get a DUI?, it’s crucial to understand the different types of DUI charges in California and how they might impact your future.

Key Takeaways

  • DUI charges in California vary in severity, ranging from misdemeanors for first-time offenders to felonies for repeat offenses or cases involving injury or death.
  • Consequences of DUI charges include fines, license suspension, and possible jail time, with harsher penalties for repeat offenders or aggravating circumstances like having a minor passenger.
  • Legal representation is crucial for those facing DUI charges, as an experienced attorney can help navigate the complexities of California’s DUI laws and potentially mitigate penalties.

Misdemeanor DUI vs. Felony DUI in California

One of the most common questions is, is DUI a felony in California? The answer depends on the circumstances surrounding the arrest.

Most DUI charges in California are classified as misdemeanors, especially for first-time offenders. However, certain aggravating factors can elevate a DUI to a felony offense.

what happens if you get a dui

Misdemeanor DUI

The majority of DUI charges fall under the misdemeanor category. These include:

  • First-Time DUI Offense: If you are caught driving with a blood alcohol concentration (BAC) of 0.08% or higher, you may face fines, license suspension, DUI school, and possible jail time.
  • Second or Third DUI Offense: Repeat offenders face harsher penalties, including longer license suspensions, increased fines, and mandatory alcohol education programs.
  • DUI with a Minor Passenger: If a child under 14 is in the vehicle at the time of the arrest, additional penalties may apply, even if it remains a misdemeanor.

Felony DUI

A DUI becomes a felony under the following circumstances:

  • Fourth DUI Offense: If you have three prior DUI convictions within ten years, a fourth offense is automatically charged as a felony.
  • DUI Causing Injury or Death: If a DUI results in an accident that injures or kills another person, the charges escalate to a felony. The penalties for DUI with injury include longer prison sentences and significant fines.
  • Prior Felony DUI Conviction: If you have a previous felony DUI conviction, any subsequent DUI will also be charged as a felony.

Consequences of DUI Charges in California

The penalties for DUI charges in California vary based on the severity of the offense. Common consequences include:

  • Fines and Court Fees: Can range from hundreds to thousands of dollars.
  • License Suspension: A first-time offender may face a suspension of six months or more.
  • Jail or Prison Time: Misdemeanor DUIs may result in county jail time, while felony DUIs carry the possibility of years in state prison.
  • Probation and DUI Education Programs: Offenders are often required to complete court-mandated DUI classes and may be placed on probation.
  • Ignition Interlock Device (IID): Some offenders must install an IID in their vehicle to prevent further incidents.

Final Thoughts

Understanding the different types of DUI charges in California is crucial if you or someone you know is facing legal trouble. If you’re asking, what happens if you get a DUI?, the answer depends on various factors, including prior offenses and whether any injuries occurred.

Whether a DUI is a misdemeanor or felony, the consequences are serious, making it essential to seek legal guidance to navigate the legal system effectively.

If you or a loved one is facing DUI charges in California, consulting an experienced attorney can make all the difference in the outcome of your case.

At S&B Legal we are ready to represent you in Los Angeles and San Diego.

Frequently Asked Questions

Can I refuse a breathalyzer test in California?

Yes, but refusing a breathalyzer test can lead to automatic penalties under California’s implied consent law, including a license suspension and additional fines, even if you are not convicted of a DUI.

How long does a DUI stay on my driving record in California?

A DUI remains on your driving record for 10 years, impacting your insurance rates and eligibility for future charges to be classified as repeat offenses.

Can I get a DUI expunged from my record?

Yes, in many cases, you can petition for a DUI expungement after completing probation. However, expungement does not remove the DUI from your driving record—it only clears it from your criminal record.