Are you facing misdemeanor charges after being pulled over for driving under the influence? If this is your first or second time going up against DUI charges in California, your offense will likely be classified as a misdemeanor.
While this is not as serious as a felony, misdemeanors still come with serious consequences, like license suspension, expensive fines, and jail time. A situation like this can be confusing and stressful, but a Pasadena misdemeanor DUI lawyer knows how to help.
At Los Angeles DUI Lawyer, we have decades of experience connecting thousands of people just like you with skilled defense attorneys. We have the resources you need to find a Pasadena DUI lawyer who will advocate for you and protect your rights every step of the way.
What Constitutes a Misdemeanor DUI in California?
In general, a DUI is classified as a misdemeanor in California under the following conditions:
- It is the driver’s first, second, or third DUI offense within a 10-year period.
- The DUI did not result in injuries or fatalities.
- There are no circumstances in aggravation—also known as aggravating factors—at play in the case.
- The driver was not previously convicted of a felony DUI.
These cases are charged under California Vehicle Code § 23152, which prohibits driving under the influence of alcohol and drugs or a combination of both.
Commonly used subsections of this code include the following:
- § 23152(a): Driving under the influence of alcohol
- § 23152(b): Driving with a BAC of 0.08% or higher
- § 23152(f): Driving under the influence of drugs (DUID)
- § 23152(g): Driving under the combined influence of alcohol and drugs
A person can be charged under both § 23152(a) and § 23152(b) simultaneously if their driving pattern and BAC meet the criteria.
Penalties for Misdemeanor DUI in California
Even though misdemeanor DUIs are less severe than felonies, the penalties can still be significant. The severity of the consequences depends on the number of prior DUI convictions within the past 10 years, among other case-specific factors.
First-Offense Misdemeanor DUI
A first DUI conviction usually results in the following outcomes:
- Fines and assessments totaling approximately $1,500 to $2,000
- 48 hours to six months in county jail, often converted to community service or probation
- Three to five years of summary probation
- Mandatory DUI education program for anywhere from three to six months
- License suspension for six months
- Ignition interlock device (IID) installation for six months to allow restricted driving
Second-Offense Misdemeanor DUI
A second offense within 10 years typically carries even harsher consequences, such as:
- 96 hours to one year in county jail
- Fines of up to $2,000 or more
- 18 to 30 months in a DUI education program
- Two-year license suspension, with the option of a restricted license using an IID
- Mandatory IID installation for 12 months
Third-Offense Misdemeanor DUI
The third DUI within 10 years can result in these penalties:
- 120 days to one year in county jail
- Three-year license revocation
- Designation as a habitual traffic offender
- 30-month DUI education program
- IID requirement for up to two years
In some cases, the third offense may be elevated to a felony if aggravating circumstances or a past criminal history are present.
Aggravating Factors That May Affect Your Sentencing
Certain elements in a DUI arrest can enhance the penalties that you ultimately end up facing, even if your charge is still classified as a misdemeanor.
These aggravating factors include the following:
- Excessive speed: This entails driving 20 miles per hour over the speed limit on surface streets—or 30 miles per hour over the speed limit on highways—while intoxicated.
- Having a minor passenger: Driving under the influence with a child below the age of 14 years in the vehicle can add a sentencing enhancement under Vehicle Code § 23572.
- High BAC: Having a BAC of 0.15% or higher may result in stricter sentencing.
- Refusal to submit to testing: Refusing to take a chemical test can mean you end up facing longer license suspensions and mandatory jail time.
- Accidents or property damage: Even if no one is injured, being involved in a car crash while under the influence may lead to harsher penalties.
In these cases, judges have the discretion to increase fines, jail time, probation terms, and other consequences. It’s important to meet with Pasadena misdemeanor DUI attorneys as soon as possible to protect your rights in the face of your charges.
Call Los Angeles DUI Lawyer Today to Learn More About What a Misdemeanor DUI Lawyer in Pasadena Can Do for You
If you or someone you love is facing charges for driving under the influence at a misdemeanor level, you’re probably battling a lot of stress and confusion. When you feel most alone, know that there are resources you can turn to for help.
At Los Angeles DUI Lawyer, we can connect you with Pasadena misdemeanor DUI lawyers who know how to handle cases like yours. Once you retain legal counsel, your lawyer can start looking into the specifics of your case.
From there, your misdemeanor DUI attorneys in Pasadena will begin building a strong defense on your behalf. You can trust your lawyer to advocate for your rights throughout every step of the legal process. You deserve support. Reach out to our dedicated team as soon as possible.