In San Diego, California, driving under the influence (DUI) offenses carry significant penalties that escalate with each subsequent offense and the severity of the incident. Here's an overview of the potential consequences for both misdemeanor and felony DUI charges.
Misdemeanor DUI Penalties
First Offense
- Fines: $390 to $1,000, plus court costs and penalty assessments, which can significantly increase the total amount (typically around $2,100).
- Jail Time: 0 days up to 6 months in county jail.
- License Suspension: 6 months, with the possibility of obtaining a restricted license if there is no refusal of a chemical test.
- DUI Program: Mandatory attendance in a 3-month alcohol education program; a longer program may be required if the blood alcohol concentration (BAC) was particularly high (over .20%).
- Probation: 3 to 5 years of informal (summary) probation.
Second Offense (within 10 years)
- Fines: $390 to $1,000, plus additional penalty assessments (typically around $2,500).
- Jail Time: 96 hours to 1 year in county jail.
- License Suspension: 2 years, with the possibility of obtaining a restricted license after a certain period if there is not a refusal.
- DUI Program: 18 to 30 months of alcohol education classes.
- Probation: 3 to 5 years of informal probation.
Third Offense (within 10 years)
- Fines: $390 to $1,000, plus penalty assessments (typically around $3,000).
- Jail Time: 120 days to 1 year in county jail.
- License Revocation: 3-10 years, with the possibility of obtaining a restricted license if no refusal.
- DUI Program: 18 to 30 months of alcohol education.
- Probation: 3 to 5 years of informal probation.
Felony DUI Penalties
DUI accidents involving bodily injury are always felony offenses in California. These cases are among the most serious of types of DUI, and they have greater consequences than misdemeanor DUI charges. It is of the utmost importance that you are represented by an experienced attorney.
Fourth DUI Offense (within 10 years)
- Fines: Substantially higher, often exceeding $1,000, plus significant penalty assessments.
- Prison Time: 16 months to 3 years in state prison.
- License Revocation: 4 years, with stringent conditions for reinstatement.
- DUI Program: 30 months of alcohol education.
- Probation: Formal probation may be imposed.
DUI Causing Injury
- Fines: $390 to $10,000, plus restitution to injured parties.
- Prison Time: 16 months to 10 or more years in state prison, depending on the severity of injuries and prior convictions.
- License Suspension: 1 to 5 years.
- DUI Program: 3 to 30 months of alcohol education.
- Probation: Formal probation may be imposed.
It's important to note that certain aggravating factors can lead to enhanced penalties, such as:
- High BAC Levels: A BAC of 0.15% or higher can result in increased fines and longer DUI program requirements.
- Refusal to Submit to Chemical Testing: Refusing a breath, blood, or urine test can lead to additional license suspension periods with no opportunity for a restricted license and harsher penalties.
- Child Endangerment: Having a minor under 18 years of age in the vehicle at the time of the offense can result in additional charges and mandatory jail time.
- Excessive Speeding or Reckless Driving: Driving significantly over the speed limit or engaging in reckless driving while under the influence can lead to enhanced penalties.
Felony DUI Consequences: Choose Your Lawyer Carefully
In my career, I have personally handled over 2000 DUI cases, and I am frequently asked to lecture on DUI topics throughout Southern California. People come to my firm because of my reputation and my legal abilities. I stand ready to help you with the legal challenges you are facing.
I am a veteran San Diego felony DUI attorney, and I have dedicated my entire practice to handling DUI cases. It takes years of experience, diligent focus, and expert knowledge to be successful in this area of law. My track record speaks for itself.
A felony DUI conviction will result in mandatory state prison time, the loss of your license, and other severe consequences. When I handle felony or repeat DUI cases, I hit the ground running and work with all available resources to protect my clients' rights. I waste no time gathering evidence and looking at opportunities to build a strong defense.
Defending Rights Law Center
As a San Diego DUI attorney, Joshua Price handles all types of drunk driving situations. Here are some other helpful links:
