Published On: May 14th, 2021Categories: DUITags: , , , , ,

Possible Penalties: Driving Under the Influence (DUI)

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May 14, 2021

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In the state of California, a DUI is usually charged as a misdemeanor. However, there are certain aggravating factors that could turn a DUI into a felony. Read on to learn about the possible penalties you could encounter if charged with one of the following:

First DUI Without Injury

  • Misdemeanor.
  • $1690 in fines plus a number of “penalty assessments” that can substantially increase the amount the driver has to pay.
  • Driver’s license suspension for a minimum of 4 months.
  • Probation. First DUI offenders normally receive a three-year term of informal probation. As a condition of probation, the defendant normally must complete a three-month DUI school, consisting of about 30 hours of classes. 

Second DUI Without Injury

  • Misdemeanor.
  • Similar fines plus penalty assessments.
  • Second offenders face 96 hours to one year in jail. However, jail time can sometimes be served on house arrest or through jail-alternative work programs.
  • 12-month DMV/administrative suspension plus any additional suspension time imposed by the criminal court. The two suspensions, however, can overlap. 
  • A three-year term of informal probation. As a condition of probation must complete an 18-month multi-offender DUI school.

Third DUI Without Injury

  • Misdemeanor. 
  • Similar fines plus penalty assessments.
  • A third DUI results in a jail sentence of 120 days (30 days if probation is granted and a 30-month DUI school ordered) to one year.
  • 12-month DMV/administrative suspension plus any additional suspension time imposed by the criminal court. The two suspensions are generally allowed to overlap.
  • Most third DUI offenders must complete three years of informal probation. As a condition of probation, the judge has the discretion to order a 30-month DUI school.

DUIs With Fatalities

DUIs with fatalities involved are typically prosecuted under the state’s vehicular manslaughter or murder laws. A defendant in this situation could be charged with:

  • Negligent vehicular manslaughter while intoxicated
  • Gross vehicular manslaughter while intoxicated, or
  • Second-degree murder.
  • The penalties for these offenses vary greatly.

 

Being caught in the middle of a legal bind can be stressful for everyone involved, but having the right people on your side can make it a bit easier. Doug and I are experienced lawyers who are determined to support our clients’ needs in difficult circumstances. Contact us for a consultation today.

DISCLAIMER: This section offers a series of criminal law and personal injury related bulletins prepared by the attorneys at Hayes Law Offices. This is not exhaustive, nor is it legal advice. You should discuss your particular situation with us or with your own attorney. Our legal representation is only undertaken through a contract and not by the distribution or use of this information.

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