Driving under the influence puts the life of the driver and others on the road at risk. Despite having a reputation for lenient penalties, California takes drunk driving seriously. The consequences of DUI arrests and convictions in the state can be harsh, and they go beyond just jail time and fines. Take a look at the various types of penalties for DUI in California.
Probation
Probation can place significant restrictions on a person’s life. An individual on probation is required to report changes in their residence and employment to a probation officer. Being charged with and convicted of a crime while on probation can also result in more severe penalties.
Depending on the circumstances of the incident, a DUI arrest can often result in probation. According to the State of California Department of Motor Vehicles (DMV, 2020), 95.9% of those convicted of a DUI in 2019 received probation, either with jail time or alone. Probation in California for DUI is typically three to five years.
Confinement and Fines
A DUI conviction can also lead to time in jail. The length of a sentence is determined by whether it is a first-time offense, if the DUI resulted in injury or death to another, and if the defendant was driving with a suspended license. There are also fines associated with the various types of DUI convictions.
The following are potential jail time and fines for DUIs in California for first-time offenders who receive probation:
- No bodily injury: 48 hours to six months in county jail, $360 – $1,000 in fines
- Bodily injury: Five days to one year in county jail, $360 – $1,000 in fines
- DUI with a suspended license: A minimum of 10 days in county jail, $300 – $1,000 in fines
The total time and fines that a defendant receives are determined by a judge based on California sentencing guidelines.
License Suspension
License suspensions or license revocations are another common penalty for DUI in California. Drivers who have been arrested for DUI receive an automatic administrative per se suspension from the Department of Motor Vehicles. In 2020 alone, there were 913,000 pre-conviction, administrative per se license suspensions and revocations.
A first-time DUI arrest can lead to a four-month license suspension, and a conviction can lead to a one-year suspension.
Having multiple DUIs on your record can also result in a license revocation. This action terminates your driving privileges for a specified number of years and requires you to reapply for a license once the revocation is over.
Ignition Interlock Device
Most persons convicted of a DUI are required to install an ignition interlock device (IID) on their vehicle for one year, even if it’s a first-time offense. IIDs help deter drivers from operating a motor vehicle with a blood alcohol level above the legal limit.
A 2023 Annual Report from the California Office of Traffic Safety reported an 18.2% increase in DUI-related fatalities in the state in 2021, with the total number of fatalities up to 1,370 from 1,180 in 2020. 2021 saw the highest number of fatalities in five years. Ignition interlock devices play a pivotal role in preventing DUI-related deaths.
Participation in DUI Programs and Other Financial Repercussions
Education is key to reducing the incidence of DUIs in California. First-time DUI offenders are often required to participate in a driving under the influence program consisting of hours of alcohol/drug education and counseling. Individual counties in California may have specific requirements. Sacramento County, for example, requires 30 hours of education and counseling within three months, while Orange County requires 34 hours.
Fines are not the only financial consequence of a DUI. To reinstate their driver’s license after an arrest or conviction, individuals must obtain proof of financial responsibility from an insurance provider—a requirement that often comes with significantly higher premiums. Having a criminal record is a financial burden as well, placing a candidate at a disadvantage when seeking employment.
FAQs
Q: Is a DUI a Felony in California?
A: A DUI in California may be charged as a felony in certain cases, though it is typical for a DUI to be charged as a misdemeanor. If the actions of the driver who was operating a motor vehicle under the influence resulted in serious bodily injury or death, they may be convicted of a felony DUI. Habitual DUI offenders may also be subjected to a felony conviction.
Q: Is Jail Time Mandatory for a First DUI in California?
A: Jail time is not always mandatory for a first-time DUI in California. Oftentimes, a defendant may receive probation and be required to pay fines and participate in DUI programs. They can also receive a license suspension of at least four months. Aggravating factors, including a high blood alcohol concentration level and infliction of bodily injury, can lead to jail time.
Q: What Is the Most Common Penalty for a DUI?
A: Probation is one of the most common penalties for a DUI in California, with 95.9% of those convicted of a DUI in California in 2019 receiving probation, some with jail time and some without. Probation is typically three to five years in California and is often accompanied by a license suspension and educational requirements.
Q: What are the DUI standards in California?
A: The DUI standards in California vary depending on the type of driver. It is unlawful for a person to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or more in California. For commercial vehicle operators, the limit is 0.04. This limit also extends to those with a passenger for hire in their vehicle. California has a zero-tolerance policy for drivers under 21.
DUI Arrests and Convictions Carry Significant Penalties in California
Understanding the types of penalties for DUI convictions can be helpful if you are facing a DUI charge. Not only does a person driving under the influence face potential jail time, but they may also have their driving privileges limited through a license suspension or an IID requirement. A DUI charge can also place a significant financial burden on a driver.
If you have been arrested for a DUI, it is critical that you contact an aggressive California DUI attorney to help minimize the potential consequences of an arrest. Contact The Ward Firm to have your DUI questions answered.
