Drunk driving is a criminal offense in California. The court system usually treats driving under the influence (DUI) as a misdemeanor based on Vehicle Code 23152. You can face criminal charges if the police accuse you of driving under the influence of alcohol or drugs.
An experienced Los Angeles DUI lawyer can provide more information about the charges for drunk driving. An attorney may also build a strong defense for you and fight to get your charges dropped or penalties decreased.
Is a DUI a Criminal Offense in California?
A DUI is a criminal offense in California. Our state has gotten consistently tougher on DUIs for decades and treats them as criminal charges, not traffic violations.
All forms of DUI, including drunk driving, driving under the influence of drugs, and underage DUI, are criminal offenses—even a first-time DUI where no one was hurt counts as a criminal offense. There are no exceptions.
Drivers accused of operating a vehicle with a high blood alcohol content (BAC) can face criminal charges.
Is a DUI a Misdemeanor?
In California, a DUI is generally charged as a misdemeanor for first-time offenders or for cases without aggravating factors. The court system often uses CA Vehicle Code 23152 (a)–Driving Under the Influence of Alcohol charges to prosecute this act.
Individuals can face charges if their blood alcohol content (BAC) is above the legal limit of 0.08%, but they have not caused injury or death and have no prior DUIs.
If the circumstances of the incident involve no aggravating factors, a second and third DUI may also be charged as misdemeanors. However, any further DUIs or incidents resulting in injury or death can count as a felony.
What’s a Misdemeanor?
A misdemeanor is a criminal offense that goes on your criminal record and can carry jail time, among other penalties. While a misdemeanor is serious, it is considered less severe than a felony, which is a more serious criminal charge.
Misdemeanor Penalties
Driving under the influence is a serious offense in California, and even when classified as a misdemeanor, it comes with substantial penalties. While misdemeanor DUI charges are less severe than felony DUI penalties, they still carry significant legal and personal consequences.
The most basic penalties for DUI include:
- First DUI (no one was hurt): Three days to six months in jail, heavy fines, license suspended for at least four months, and three months of mandatory classes.
- Second DUI (no one was hurt): Four days to one year in jail, heavy fines, license suspended for two years, and 18-30 months of mandatory classes.
- Third DUI (no one was hurt): Six months to one year in jail, heavy fines, license suspended for three years, and 30 months of mandatory classes.
All DUIs are expensive, and even a first DUI can cost you thousands of dollars in fines and fees. Remember, drunk driving is a criminal offense in California, and a conviction can have severe repercussions.
When is DUI a Felony?
A DUI is not an automatic felony. In California, the court treats DUIs as felonies in specific circumstances. It becomes a felony if the driver has three or more prior DUI convictions within the last 10 years or if they have a prior felony DUI on their record.
A DUI is also a felony if it involves an accident that causes serious injury or death to another person. In cases of injury, the charge is typically a “wobbler,” meaning the prosecution can file it as either a misdemeanor or felony, depending on the severity of the injuries and the circumstances.
In other cases, however, DUI automatically counts as a felony. For example, motorists automatically face felony charges for a:
- Fourth DUI or more (no one was hurt)
- DUI causing injury
- Negligent Vehicular Manslaughter While Intoxicated
In some cases, the prosecution can even charge a DUI death as murder. Drunk driving is a criminal offense in California that can have tremendous impacts on your life.
Felony Penalties
The penalties for a felony DUI charge in California are severe and can vary depending on the specific circumstances of the case. A DUI attorney in Los Angeles can protect your rights throughout the legal process.
Generally, a felony DUI conviction can result in:
- Prison time: Sentences typically range from 16 months to 4 years in state prison for a standard felony DUI. If the DUI caused serious injury or death, sentences can extend to several years, depending on the case.
- Fines: Felony DUI fines can reach up to $10,000, not including additional court fees, penalty assessments, and costs for mandatory programs.
- License suspension: A felony DUI can result in a lengthy suspension of driving privileges, often up to four years. However, if you meet certain conditions, restricted driving may be possible after a portion of the suspension period.
- Mandatory DUI programs: Offenders are usually required to complete a lengthy DUI education program, which can last up to 30 months for felony DUIs.
- Probation: Felony DUI convictions may include a period of probation, during which the offender must meet specific requirements, such as abstaining from alcohol use and undergoing random testing.
- Permanent criminal record: A felony DUI conviction results in a permanent criminal record, which can impact employment, housing, and other aspects of life.
You must take drunk driving charges seriously. Fortunately, a criminal defense attorney can help you handle charges for impaired driving. You can get help understanding our state’s drunk driving laws and building a solid defense today.
Call an Experienced DUI Lawyer in Los Angeles Today
Is drunk driving a criminal offense in California? Yes, driving under the influence can result in a misdemeanor or felony conviction. Fortunately, we can connect you with an experienced attorney and get you a FREE consultation. Contact us today.
Facing criminal charges for a DUI can feel overwhelming. These charges can have a long-term impact on your life. Working with an experienced Los Angeles DUI attorney can minimize the negative effects on your life and help you fight for your future.
