People often ask how much jail time can a person expect for a DUI conviction. The answer is: it depends. It depends on several factors such as whether the case is filed as a misdemeanor or a felony. In addition, the circumstances of the case plays a significant role in determining the penalties. Also, what Court where the case is filed plays a role.
In addition, there are more penalties to consider other than just jail time. Below is a discussion of the various penalties usually associated with DUI convictions:
Misdemeanor penalties
Most first, second, and third time DUI cases are prosecuted as misdemeanors. You will note that the penalties increase as the number of DUI convictions increase.
The consequences for a first-time misdemeanor DUI conviction (VC 23152) include, but are not limited to:
- informal probation for three years;
- 0 days in jail, up to six months maximum in county jail;
- a minimum base fine of $390 plus assessments and add-on fees. The total is about $2,000 to $2,500);
- successful completion of a three-month alcohol/drug class; if the BAC was .15% or more a 6-month class may be required; and if the BAC was .20% or more a 9-month class will likely be required;
- completion of a Mothers Against Drunk Driver (MADD) Victim Impact Panel class, and/or a Hospital and Morgue (HAM) class may be required;
- a six-month to one-year driver license suspension – you may be eligible for a restricted license sooner; remember, the DMV controls the driver license.
- possible installation of an ignition interlock device (effective January 01, 2019),
- insurance repercussions.
The consequences for a second-time misdemeanor DUI conviction (VC 23152) – 1 prior conviction within the last 10 years from violation date to violation date – include, but are not limited to:
- informal probation for three to four years;
- 4 days minimum jail time, and up to one year maximum in county jail;
- a minimum base fine of $390 plus assessments and add-on fees. The total is around $2,200 to $2,800;
- successful completion of an 18-month multiple offender alcohol/drug class;
- a 1-2-year driver license suspension – but you will likely be eligible for a restricted license sooner; remember, the DMV controls the driver license.
- possible installation of an ignition interlock device (effective January 01, 2019);
- and insurance repercussions.
Consequences for a third-time misdemeanor DUI conviction (VC 23152) – 2 prior convictions within the last 10 years from violation date to violation date – include, but are not limited to:
- informal probation for three to five years;
- 120 days minimum jail time, up to one year maximum in the county jail;
- a minimum base fine of $390 plus the add-on fees. The total is around $2,200 to $2,900;
- successful completion of an 18-month multiple offender alcohol/drug class;
- up to a 3-year driver license suspension – but you will likely be eligible for a restricted license sooner; remember, the DMV controls the driver license.
- possible installation of an ignition interlock device (effective January 01, 2019);
- and insurance repercussions.
In addition, the consequences for a misdemeanor conviction of DUI causing bodily (VC 23153) may include the above but more severe, and a 1 year license suspension from the DMV.
Felony DUI penalties
In general, DUI cases are charged as a felony when a DUI driver (1) is involved in an auto accident and causes serious injury or death to another person, (2) a driver has a fourth DUI (3 prior DUI convictions within the last 10 years from violation date to violation date), or (3) the DUI driver has had a previous felony DUI conviction within the last 10 years from violation date to violation date. Also, if a person arrested for DUI has a previous conviction of gross vehicular manslaughter (PC191.5) while he was DUI, the new DUI will be charged as a felony without the 10-year limitation.
Penalties for a felony DUI include, but are not limited to:
- formal supervised probation;
- up to three years in a state prison – and possibly more if serious injuries or death resulted from the DUI;
- a four-year driver’s license revocation, and
- designation as a habitual traffic offender by the Department of Motor Vehicles.
In addition to the above penalties various aggravating factors may increase the severity of the DUI and result in a harsher sentence.
Aggravating factors
“Aggravating factors” are facts and circumstances involved with a DUI case that will increase or aggravate the punishment.
The most common aggravating circumstances that are associated with a DUI are as follows:
- driving with an excessive amount of alcohol;
- causing an automobile accident;
- being charged with a speeding enhancement;
- driving DUI with a child in the car, which could also become a charge for child endangerment (Penal Code 273a).
As you can see from the above discussion regarding the penalties associated with DUI convictions, the consequences for DUI convictions can be complex and severe depending on the circumstances.
If you have been arrested for a DUI, it is in your best interest to do whatever it takes to avoid being convicted of the DUI.