California DUI Penalties

California DUI Penalties and Criminal Charges

In general, the crime of DUI occurs whenever a person drives any vehicle with a blood alcohol level of 0.08% or greater, or whenever a person drives a vehicle while “under the influence” of alcohol (and/or drugs). The prosecution must prove the charges beyond a reasonable doubt.

If the person is under 21 years of age at the time of the offense, there are several different charges available to prosecutors; in California, the law forbids persons under 21 from driving with any measurable amount of alcohol in the blood. The penalties are more severe for underage defendants in DUI cases, both from the courts and the DMV.

In most cases DUI is a misdemeanor, which means an offense punishable by up to one year in county jail. Minimum jail sentences are established by law, but punishment may be increased in certain circumstances, for example where there is a child present in the vehicle, where the BAC is especially high, and where the defendant has suffered prior convictions for DUI.

If the DUI defendant has caused an accident with injuries while under the influence, or has been previously convicted of three or more alcohol-related driving offenses within the preceding 10 years, then the DUI may be charged as a felony, which means an offense punishable by at least 16 months in state prison.

In addition to a jail sentence, DUI punishment generally includes probation, fines and penalty fees costing thousands of dollars, substance abuse education classes, community service, and court-imposed license suspension on top of the DMV suspension. In some cases the court can even order the installation of ignition interlock devices, and impoundment of the vehicle.