The following types of DUI can land drivers into misdemeanor charges in the State of California:
· A first time DUI offense.
· Repeating the offense for a second time within a ten year time frame.
· Repeating a DUI for a third time during the same time frame.
How does the sentencing go up for each in the State of California? Let’s compare:
1. DUI the First Time – Possible Jail Time: up to 6 months| License Suspension: up to 6 months| Probation: 1-5 years | DUI School: 3-9 months| Fines: up to $1,000.
2. DUI the Second Time – Possible Jail Time: up to 1 Yr| License Suspension: up to 2 years| Probation: 1-5 years | DUI School: 18 months| Fines: up to $1,000.
3. DUI the Third Time – Possible Jail Time: up to 1 Yr| License Suspension: up to 3 years| Probation: 1-5 years | DUI School: 18 months| Fines: up to $1,000.
How can these DUI misdemeanor charges be enhanced into a felony?
1. DUI the Fourth Time: Three times and an offender will be out for a felony. Possible Jail Time: up to 3 years| License Suspension: up to 4 years| Probation: 1-5 years | DUI School: 18 months| Fines: up to $1,000. A DUI for the fourth time is valid if the driver committed this during the course of ten years.
2. DUI the Third Time: Drivers may face misdemeanor or felony charges.
3. DUI resulting in Death: Possible felony fines.
Herein outlines the ways in which driving under the influence can change from a misdemeanor into a felony offense. In addition, there are further aggravating factors that affect whether a person is convicted of a felony or misdemeanor. This includes that the accused was driving with a minor, and endangered the child causing injury. The juror will examine the specifics of the case to determine the penalties for DUI.
Whatever charges a driver may be facing, whether it’s vehicular manslaughter or driving while intoxicated, an Orange County DUI attorney can certainly help to reduce fines, propose plea bargains, or fight to prove a defendant’s innocence.
