Penalties for DUI in California

A former D.A. (now criminal defense lawyer) Neil Shouse, explains the penalties for a DUI conviction in California.

More info at https://www.shouselaw.com/ca/dui/laws/ or call (855) 999-7755

What are the penalties and punishment for a DUI conviction in California?

DUI is one of the most common crimes committed in California. Many walks of people occasionally make mistakes, and might drink too much and decide to drive. Or maybe they smoked marijuana earlier in the day. Or they might not have realized that their medication causes them to be drowsy. Police do occasionally make mistakes: breathalyzers occasionally fail or were not properly calibrated. Sometimes medical conditions such as GERD, Diabetes, or even Keto or low-carb diets can cause false breathalyzer readings or signs of impairment. So unfortunately false arrests and convictions do happen.

But ultimately if someone is convicted of DUI then they will have to eventually face the consequences. They could be your daughter, your parent, your neighbor, your doctor, or even your employee if you own a company that requires a CDL or commercial driver's license.

The most common question after someone is arrested for DUI, is, "If I am convicted, what are the penalties / punishment / sentencing?" The broad answer is that a DUI conviction can lead to probation, fines, DUI school or classes, a drivers license suspension, possibly a breathalyzer or ignition interlock device (IID) installed in your car, and sometimes even jail time, a felony criminal record, loss of gun rights and loss of voting rights, loss of the ability to travel to certain foreign countries such as Canada, and even deportation from the United States, or other immigration consequences such as denial of citizenship.

The details of your specific punishment depend on many factors, including:

-Is this your first-time being convicted for DUI in the last ten years? Second time DUI convictions, third-time, and subsequent DUI's can lead to steadily increasing penalties and punishments. Most DUI cases are prosecuted as misdemeanors. But driving under the influence can be charged as a felony when the DUI is a 4th offense within a 10-year period, or when the driver has a prior felony DUI conviction.

-Was someone injured or killed in an accident caused by the impaired driver? DUI in California can also be charged as a felony when the driver causes an accident in which another person, including a passenger in their own vehicle, sustains a bodily injury or is killed.

-In which county did your DUI arrest take place? Certain California counties, such as Ventura County, have mandatory jail sentences for even a first time DUI. Other California counties require an interlock ignition device (IID) to be installed in your vehicle after a license suspension resulting from a DUI, if that driver wishes to re-instate their driver's license on a restricted basis in order to drive to school or work. The counties that require an IID in order to get a restricted driver's license after a DUI include Los Angeles County, Tulare County, Alameda County, and Sacramento County.

-Who is your judge? Although county laws, city leaders, prosecutors, and district attorneys have a role in sentencing guidelines, ultimately the decision may come down to the judge's discretion. A skilled and experienced DUI defense attorney will know which judges, which courts, and which jury pools are more harsh when it comes to DUI penalties. Top DUI attorneys know the personalties involved in every courtroom. They can tailor their arguments to make sure their client gets the best outcome, hopefully getting the case reduced or dismissed. But in cases where there is eventually a DUI conviction, a skilled DUI defense attorney can at least fight for the lowest sentence possible for their client.

If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.