Are you facing a misdemeanor charge for driving under the influence (DUI)? Getting arrested for a DUI can be a stressful and overwhelming experience, but you’re not alone. With Los Angeles DUI Lawyer by your side, you can meet a Glendale DUI lawyer who can help.
While a misdemeanor DUI is not as severe as a felony, the consequences can still change your life as you once knew it in more ways than one. A conviction can result in license suspension, hefty fines, increased insurance rates, and even jail time.
However, we have decades of experience connecting thousands of clients with attorneys who can represent them. If you are facing charges for operating a vehicle while intoxicated, don’t go up against the legal system alone—call a Glendale misdemeanor DUI lawyer instead.
What is Classified as a Misdemeanor DUI in California?
Under California Vehicle Code § 23152(a), it is illegal to drive under the influence of alcohol or drugs. A DUI is typically charged as a misdemeanor if any of the following conditions are true:
- This is your first, second, or third DUI offense within 10 years.
- There were no injuries or fatalities caused by the accident.
- Aggravating factors—such as excessive BAC or reckless driving—are not present.
Meanwhile, your charges could be upgraded to felonies if this is your fourth DUI within 10 years, you caused a DUI accident involving injuries, or your DUI involved a child passenger. If your charges are upgraded, you could face even harsher penalties.
Penalties for a Misdemeanor DUI in Glendale
The penalties for a misdemeanor DUI depend on how many prior DUI offenses you have on your record.
First-Offense Misdemeanor DUI
A first-offense misdemeanor DUI carries serious penalties. Offenders may face up to six months in jail in addition to fines ranging between $390 and $1,000. There are also additional court fees that you might have to pay as a consequence.
The California Department of Motor Vehicles (DMV) will likely impose a six-month license suspension as well, though a restricted license might be available after 30 days. Additionally, you may need to complete a DUI education program for anywhere from three to nine months.
The probation period typically lasts between three and five years. If you are ordered to install an ignition interlock device (IID), you could find yourself using this device for six months, if not more.
Second-Offense Misdemeanor DUI
A second-offense misdemeanor DUI results in harsher penalties. Jail time ranges from 96 hours to one year, and fines can reach upwards of $1,000 or more. The DMV often enforces a two-year license suspension for second offenses as well.
However, this suspension might be reduced with compliance. You might need to complete a DUI school program lasting anywhere from 18 to 30 months in addition to serving a probation period of three to five years.
Furthermore, you will—more often than not—need to install an IID for one year before your full driving privileges are restored.
Third-Offense Misdemeanor DUI
A third-offense misdemeanor DUI comes with even more severe consequences than a first or second DUI. Offenders face a minimum of 120 days in jail, with a maximum sentence of one year. Fines remain around $1,000, though they may be greater in certain cases.
The DMV will likely impose a three-year license suspension, and DUI school attendance is mandatory for 30 months. Plus, you must install an IID for two years. These penalties increase with each subsequent offense, making legal guidance a must for those facing DUI charges.
Defenses Against a Misdemeanor DUI Charge
A DUI arrest does not mean a guaranteed conviction. When you reach out to a misdemeanor DUI law firm in Glendale, your attorney will look at every aspect of your case in search of weaknesses in the prosecution’s evidence. Here are examples of common defenses.
Lack of Probable Cause for the Traffic Stop
Police must have a valid reason to pull you over. Known as probable cause, this can include speeding, swerving, or running a red light, among other behaviors that show a disregard for traffic laws. If reasonable suspicion was not present, your case could be dismissed.
Inaccurate Breath or Blood Test Results
Breathalyzers and blood tests are not always accurate, so your Glendale misdemeanor DUI lawyer can challenge the following factors:
- Improper calibration of breathalyzer devices
- Errors in blood sample handling
- Medical conditions that could affect BAC readings
Field Sobriety Test Inaccuracy
Field sobriety tests (FSTs) are subjective, making them unreliable. Factors like nervousness, medical conditions, or uneven pavement can cause poor performance.
Rising Blood Alcohol Defense
Alcohol takes time to absorb into the bloodstream. If you had something to drink shortly before driving, your BAC may have increased after you were already stopped by law enforcement, meaning you were not legally intoxicated while driving.
Violations of Your Rights
If the police failed to read you your Miranda rights or conducted an illegal search after pulling you over, we can move to suppress evidence. We might even be able to get your charges dismissed entirely.
How a Misdemeanor DUI Law Firm in Glendale Can Help You
A misdemeanor DUI conviction can affect your personal and professional life, but having the right attorney can make all the difference. Here’s what a Glendale misdemeanor DUI attorney can do for you:
- Analyze every detail of your case
- Keep an eye out for procedural errors and police misconduct
- Challenge unreliable DUI tests and officer observations
- Negotiate for reduced charges or alternative sentencing
- Defend your rights in court if necessary
All in all, we can help you understand what happens with a misdemeanor DUI and how we can proceed with your case in a way that prioritizes a favorable outcome.
Will a Misdemeanor DUI Stay on My Record?
Yes—a misdemeanor DUI will stay on your record unless you take legal action to remove it. In California, a DUI conviction will remain on your criminal record indefinitely unless expunged, meaning employers and certain agencies can see the offense during background checks.
Additionally, a DUI will stay on your driving record for 10 years, and this can impact your ability to obtain affordable auto insurance or affect your driving privileges in various ways. This 10-year period is used to track prior offenses when determining penalties for future DUI arrests.
While a first-time DUI is a misdemeanor in many cases, accumulating multiple offenses within 10 years can lead to harsher penalties, including felony charges. This is why it’s so important to handle the legal consequences of a DUI as effectively as possible the first time.
Can a Misdemeanor DUI Be Expunged?
Yes—a misdemeanor DUI can be expunged, but you must meet specific legal requirements before an expungement is possible. Expungement is available to those who have successfully completed their probation without receiving additional criminal charges in the process.
Expungement will not completely erase your conviction, but it will allow you to withdraw your plea and have your case dismissed in court. This can improve your employment opportunities and clear your background checks from criminal charges.
To qualify for expungement, you must have completed all your probation requirements, including attending DUI school, paying your fines, and participating in community service, if applicable. You must have served your full period of suspension or had your license reinstated as well.
How Can I Get My License Reinstated After a DUI?
To reinstate your license after a DUI, you must complete certain steps required by the California DMV. First, you must serve any license suspension period imposed as part of your sentence. The length of the suspension will depend on a couple of factors:
- Your blood alcohol concentration (BAC) at the time of your arrest
- Whether or not you refused to participate in a chemical test
For example, a first-time DUI typically results in a six-month suspension, but if you refused a chemical test, it could be extended to one year. Once your suspension is over, you must provide proof of completion of a court-approved DUI program.
Additionally, the DMV requires proof of financial responsibility, which means filing SR-22 insurance with the DMV. This is a special high-risk insurance form that must be maintained for three years. Last but not least, you must pay a license reinstatement fee.
Make sure any other court-ordered requirements are met before pursuing license reinstatement. Also, if you qualify for a restricted license, you may be able to regain limited driving privileges earlier by installing an ignition interlock device (IID) and enrolling in a DUI program.
Will I Have to Install an Ignition Interlock Device?
Yes—you will have to install an ignition interlock device after a DUI conviction, even if your charge is categorized as a misdemeanor. If you want to obtain a restricted license, you may have to install an IID even sooner to regain limited driving privileges.
An IID is a breathalyzer device that you install in your vehicle. It is designed to prevent the engine from starting if alcohol is detected in your breath. You must blow into the device each time you start the car and at random intervals while driving.
The cost of an IID includes fees for installation and monthly maintenance, both of which are your responsibility to pay unless you qualify for financial assistance. The exact duration of your IID requirement will depend on a few factors:
- Your BAC level
- Any prior offenses
- Whether you refused a chemical test
If your DUI involved aggravating factors—such as resulting in an accident or causing injuries to others—you could face a longer IID requirement. A misdemeanor DUI attorney in Glendale can help you understand how long you’ll need an IID and if you qualify for a hardship exemption.
How does a DUI Affect My Car Insurance Rates?
A DUI can affect your car insurance rates by increasing how much you have to pay for coverage. Insurance companies regard people with DUIs as high-risk individuals, and this classification often leads to premium increases of 100% or more.
On average, a California driver with a DUI can expect to pay thousands of dollars more per year for coverage than someone without a DUI on their record. Some insurers even refuse to renew the policies of those convicted of misdemeanor DUIs.
In turn, you might not have any choice but to seek coverage from a high-risk provider that charges even higher rates. To legally drive again, you will need to obtain SR-22 insurance, which is a certificate proving that you meet the state’s minimum liability requirements.
Call Now to Connect With a Glendale Misdemeanor DUI Law Firm
If you or someone you know has been arrested for a misdemeanor DUI, it’s important to take the situation seriously. Not only can a DUI conviction result in jail time, expense fines, license suspension, and mandatory programs, but it can also affect your employment opportunities.
You could even face rising insurance rates and a drop in your personal reputation. Acting quickly by contacting a misdemeanor DUI lawyer in Glendale is important. Your lawyer can help you understand your legal options, and this can make all the difference.
Reach out today to connect with an attorney who can advocate for your rights, help you fight your charges, and work toward protecting your future.
Whether it’s negotiating for a lesser sentence or identifying procedural errors in your case, a lawyer can make all the difference.
