What is a DUI?

A DUI (driving under the influence) refers to operating a motor vehicle while one’s blood alcohol level is above the legal limit.

In California, if you are 21 years old or older, you are not permitted to operate a regular passenger vehicle when your blood alcohol level is 0.08% or higher. If you are operating a commercial vehicle, your blood alcohol level cannot reach 0.04%. And if you are younger than 21, your blood alcohol is above the legal limit at 0.01%.

California’s DUI laws apply to alcohol, illegal drugs, and legal medications, including prescriptions and over-the-counter medications. Therefore, you cannot legally drive if you have consumed excessive amounts of alcohol, medication, or a combination of substances.

In California, the first DUI offense that does not result in injury is a misdemeanor.

What are the penalties for a DUI?

California law provides a range of possible penalties for a DUI offender, depending on the circumstances, the driver’s record, and other factors that are deemed relevant by an arresting officer, court, or jury.

A first-time DUI offender can face the following penalties:

• License suspension. A first-time DUI conviction will likely result in a six-month suspension of license privileges, in addition to the Department of Motor Vehicles (DMV) penalty of a four-month administrative suspension.
• Fines. A convicted motorist can face fines of $350 to $1,000. In addition, significant “penalty assessments” can be added to the fines and total thousands of dollars.
• Jail time. A jail sentence can range from 48 hours to six months. However, in most cases, a first-time offender is granted a more lenient sentence of three to five years probation.
• DUI school. In addition to probation, a DUI offender usually must complete a three-month course at a DUI school for a total of 30 hours. However, with higher blood alcohol levels, the offender might be required to complete a longer course for up to nine months or 60 hours. Four DUI schools are located in San Diego County.

A DUI conviction stays on an individual’s driving record for ten years. For a second or third DUI offense that occurs within the ten-year period, penalties can be more severe, including up to one year in jail and a two-year license suspension.

What if the DUI resulted in injury or death?

When a DUI accident results in injury, the DUI is classified as a “wobbler,” meaning the motorist can be charged with a misdemeanor or a felony. A DUI that is charged as a felony can result in fines of up to $5,000 and up to four years in prison.

When a DUI accident results in the death of another person, the motorist is charged with a felony, from vehicular manslaughter to second-degree murder. The most severe penalty for second-degree murder is a life sentence in state prison.

Should I hire a DUI attorney?

If you are charged with a DUI, most likely, you will have to appear in court and navigate months, even years, of legal and administrative consequences. You are strongly advised to hire an attorney as soon as possible to guide you through the challenging process.

King Aminpour Car Accident Lawyer, has years of experience providing DUI suspects with superior representation. Whether or not you are guilty of the crime you have been accused of committing, we will be on your side and help you obtain the best possible outcome.