DUI In California: Is It Misdemeanor Or Felony

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There are harsh legal consequences for a conviction for a DUI in California.

The penalties for a first DUI conviction can consist of one or more of the following:

• Jail time
• Alcohol education classes
• Suspension of driver’s license
• Probation
• A stiff fine

More times than not, however, no prison time is served by a convicted California offender since a first-time charge is a misdemeanor. However, DUI can also be prosecuted as a felony. In this case, if convicted, the defendant could serve a lengthy prison time.

What changes a misdemeanor DUI to a felony?

First DUI Conviction – Standard Penalties

As long as no fatality or injury occurred, a first time DUI can carry the following penalties:

• IID (ignition interlock device) installation for six months
• From 6 to 10 months, driver’s license suspension
• Participation in treatment for 3 to 9 months or participation in an alcohol education class
• 3 to 5 years of probation
• A fine for as much as $1000 or as little as $390
• Jail time up to six months

Second DUI Conviction – Standard Penalties

If within 10 years of a first conviction, an adult is convicted of a misdemeanor second offense DUI (with no aggravating circumstances), the penalties can be one or more of the following:

• IDD installation for one year (court-ordered)
• For 18 to 30 months, attend a California DUI school
• A fine as high as $1000 or as low as $390
• 3 to 5 years of probation
• Jail time up to one year

Third DUI Conviction (within 10 Years) – Penalties

• Three-year driver’s license suspension or IID installation for two years
• Department of Motor Vehicles designation as a “habitual traffic offender”
• 30-month DUI education program completion
• A fine as high as $1000 or as low as $390
• 3 to 5 years of probation
• Jail time up to one year

Enhancement of Misdemeanor DUI Penalties

If a defendant is convicted of a third, second, or first DUI and the following applies, penalties can be harsher (enhanced): 

• On a freeway, drove 30 mph above the limit or, on a surface street, 20 mph above the limit
• Caused a traffic accident or bodily injury
• Had a passenger in the car 14 years of age or younger
• Declined to take a DUI urine, blood, or breath test
• Had a BAC (blood alcohol content) level of 0.15 or higher

The result of a misdemeanor DUI enhancement can be the following:

• Longer license suspension
• Higher fine
• Lengthy year jail term

For speeding, however, the DUI enhancement is a mandatory additional jail time of 60 days.

Note: If an injury occurs during a DUI offense, it may be prosecuted as a misdemeanor or felony, at the prosecutor’s discretion. Things that will be taken into consideration are the criminal record of the defendant and other details regarding the DUI incident.

Felony DUI’s

You will be charged with a felony DUI if, within a 10-year period, you are charged with a fourth DUI.

“Gross vehicular manslaughter while intoxicated” is the most serious California DUI charge. This is what you will be charged with if you are driving under the influence and, as a result, are responsible for someone’s death. For this crime, you could receive up to 10 years of jail time.

There is also a wobbler charge referred to as “vehicular manslaughter while intoxicated”. In this instance, for up to one year of jail time, the offender can be convicted and penalized with a misdemeanor. If convicted as a felony, up to four years of prison time could be the penalty.

For the Record…

Felony DUI’s, compared to misdemeanors, entail considerably harsher penalties all across the board.

What Should You Do After a DUI?

At Jacksonville Bibby Awareness Group, we understand, as humans, we all make mistakes. Don’t let one mistake determine the path that will be taken for the rest of your life. Contact one of our offices today if you need assistance. We have locations in Barstow, Victorville, and the Redlands.