DUI Punishment

DUI Punishment

Driving under the influence (DUI) is treated seriously in California, with strict laws and harsh penalties for those convicted. DUI punishment range from fines and jail time to mandatory education programs and license suspensions. Understanding the potential consequences is crucial for anyone facing a DUI charge in California.

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DUI Sentencing Laws in California

California’s DUI laws have evolved significantly over the years, incorporating stricter penalties and newer methods to monitor those who are convicted of a DUI. In recent years, the focus has shifted to address drugged driving, treating DUI as a substance abuse issue, and the expansion of Ignition Interlock Devices (IID) as a standard requirement for DUI offenders.

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DUI and Drugged Driving

As of 2014, California law explicitly includes driving under the influence of drugs under Vehicle Codes Crimes § 23152(f) and 23152(g). This means it is illegal to drive not only under the influence of alcohol but also any drug—whether illegal, prescription, or over-the-counter—if it impairs your ability to drive safely. Drugged driving offenses are treated with the same severity as alcohol-related DUI offenses, and the punishment may include jail time, fines, DUI Education classes, and license suspensions.

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Penalties for DUI Convictions

First-Time DUI

For most first-time offenders, DUI punishments in California typically include:

• Jail time: 48 hours to 6 months
• Fines: Ranging from $390 to $1,000, with additional penalty assessments that can increase the total cost to over $3,000
• License suspension: Up to 6 months
• DUI School: A 3-month to 9-month DUI Education classes.

The penalties can be more severe if there are aggravating factors, such as having a BAC over 0.15%, driving with a minor in the car, or causing an accident.

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Second and Third DUIs

The consequences increase significantly with each subsequent DUI offense:

• Second DUI: Minimum sentence of 10 days in jail to a year in jail, up to 2 years of license suspension, Ignition Interlock required to be installed on your vehicle, and an 18-month DUI school.
• Third DUI: Mandatory 120 days to a year in jail, a 3-year license suspension, and 18 months to 30 months of DUI school.

A fourth DUI within 10 years is typically charged as a felony, which could lead to a prison sentence of more than a year.

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Ignition Interlock Devices (IID)

California has implemented new laws that require those convicted of multiple DUIs to install an Ignition Interlock Device (IID), in any vehicle they operate for a year or longer.  An IID prevents a vehicle from starting if the driver has any alcohol in his/her system.  Some courts will also require an IID on a first offense DUI depending upon the circumstances of the DUI.  Drivers are responsible for the costs associated with installation, maintenance, and regular calibration of the IID, and those prices increase depending upon how complicated the vehicle you drive is..

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Lookback Period for Multiple Offenses

California uses a lookback period of 10 years to determine whether prior DUI offenses will be considered during sentencing. This means that any DUI offense within 10 years of a previous one will result in harsher penalties, such as longer jail time, extended license suspensions, and higher fines.

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DUI Causing Injury or Death

A DUI resulting in injury to another person is treated as a more serious offense under Vehicle Code § 23153. Such cases can be charged as either misdemeanors or felonies, depending on the severity of the injuries. A felony conviction can lead to:

• Up to four years in state prison
• Additional time in prison if the injury is classified as great bodily injury
• Significant fines and restitution to the victim(s)

If a DUI results in death, the driver may face vehicular manslaughter or even second-degree murder charges, depending on the circumstances.

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Avoiding Jail Time: DUI Defense Strategies

With the help of an experienced California DUI defense attorney, individuals facing DUI charges can explore a range of defenses, including challenging the legality of the traffic stop, the accuracy of field sobriety and chemical tests, or the procedures followed by law enforcement. The blood alcohol level at the time of driving (not necessarily when it was eventually tested). These defenses can help reduce or even dismiss charges, potentially avoiding jail time and license suspension.