Driving under the influence (DUI) is indeed a common crime here despite relentless efforts by law enforcement officers to curb this dangerous behavior or conduct on our roads. Typically, a DUI is an offense any person can commit regardless of their income, profession, or education level. It could be someone who drinks once in a while or regularly.
What matters if you are in trouble with police officers for an alleged DUI offense is knowing how to counter the charge because the penalties you could be subject to upon conviction are life-changing. While you could beware that a DUI conviction can attract hefty fines and a lengthy jail term, there are several other unknown and long-lasting repercussions of a conviction that can affect many aspects of your life.
“What are the consequences of a DUI conviction?” is a common question most drivers or motorists will ask even if they are not subject to a DUI charge. Understanding these consequences is essential to know what it could cost you if you are in trouble with the law for an alleged DUI charge in the future.
If you are curious to know the consequences you could face upon a conviction for a DUI charge, you are in the right place. Underneath, we discuss everything you need to know about a DUI conviction and how you can defend your rights using the services of any attorney to lessen these possible consequences or avoid them all.
What Counts as Driving Under the Influence (DUI) Under the Law?
Generally, there are several ways you can break DUI laws under various sections of the Vehicle Code (VC) section 23152. One of the most common ways people violate these laws is by driving a motor vehicle with a BAC (blood alcohol concentration) level that exceeds the legal limit. According to various sections under VC 23152, it is unlawful to drive a vehicle with a BAC of:
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0.08 percent or above — This applies to motorists with a driving license (DL) or are above 21 years of age
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0.04 percent or above — This applies to motorists with a commercial driver’s license (CDL) and those who are currently on probation for a DUI or DUI-related offense
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0.01 percent or above — This applies to motorists who are below the age of 21 years
It is worth noting that DUI laws do not only prohibit drunk driving or driving under the influence of alcohol. Typically, you could be subject to a DUI charge even if you were driving under the influence of any other substance that can affect your mental or physical ability to drive an automobile like a keen, cautious and sober driver, for example:
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Unlawful or controlled substances like marijuana or cocaine
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Lawful over-the-counter medications like codeine or cold medicines
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Lawful prescription drugs or medicine like painkillers
As long as the prosecutor can prove to the court with appropriate evidence that you were driving under the influence of any of the above substances, your BAC level will not be a matter of consideration. If you are under arrest for an alleged DUI offense, it is wise that you talk to an attorney to help you make legal decisions that will be most helpful to your unique case.
Potential Consequences of a DUI Charge Conviction That You Ought to Know
Generally, the consequences you would be subject to upon a conviction for a DUI offense depends on various factors. The factors listed below will come into play when determining your appropriate sentence or punishment for the alleged DUI offense:
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Your prior convictions for a DUI crime or DUI-related offense within ten years
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Various aggravating factors surrounding the alleged DUI charge, for example, an accident causing injury or speeding
Although most DUI offenses are a misdemeanor, the prosecutor can file your case as a felony under particular circumstances. For instance, if it is your fourth-time DUI offense within ten years since your last conviction for a DUI crime or DUI-related offense, the prosecutor will file your case as a felony for harsher punishment.
Generally, below are the penalties you could be subject to after a conviction for a first-time, second-time, third-time, fourth-time (or subsequent DUI), respectively:
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First-time Misdemeanor DUI Offense
Your first-time DUI offense is typically a misdemeanor and will make you subject to the following possible penalties upon conviction at trial:
Custody in the County Jail
Yes, a first-time offender can spend time in jail for a DUI offense conviction. Typically, you should expect a jail term of up to six (6) months in the county jail after conviction for a DUI offense.
Pay Fines
A conviction for a first-time DUI will also attract fines ranging from $390 to $1,000 and several other “penal assessments” that could significantly increase the amount you will have to pay.
An Informal Probation
The court will impose a 3-month probation term most of the time, but it can increase up to five (5) years. As a requirement of this probation, you must complete a 3-month DUI program consisting of about 30 classes.
Suspension of Your Driving License
A first-time DUI conviction will also lead to a driver’s license suspension for a period of six (6) to ten (10) months. In the meantime, the court will allow you to continue driving without restrictions if you install an (IID) Ignition Interlock Device in your vehicle.
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Second-time Misdemeanor DUI Offense
A second-time DUI offense within ten (10) years since your last DUI offense conviction is also punishable as a misdemeanor. Below are potential penalties you should anticipate upon a conviction for a second-time DUI offense:
Custody in the County Jail
A second-time DUI offense can attract a maximum of one (1) year in the county jail upon conviction. However, the court may sometimes impose a house arrest instead of a jail term, depending on the mitigating arguments your attorney will raise during the sentencing hearing.
Pay Fines
Typically, the fines you will pay for a second-time DUI offense conviction are similar to those for a first-time offense conviction, ranging from $390 to $1,000.
An Informal Probation
Typically, second-time DUI offenders will likely receive an informal (summary) probation for three to five years upon a conviction. As part of your probation condition, you must complete a court-approved DUI program for eighteen (18) to thirty (30) months.
A Suspension of Your Driving License
Upon conviction for a second-time DUI offense, the court will also suspend your driving license (DL) for two years. Additionally, if you had a BAC of 0.08% or above at the time of the arrest, the Department of Motor Vehicle (DMV) will also suspend your license for at least twelve (12) months. However, these two suspensions are typically allowed to overlap.
To continue driving after a conviction for a second-time DUI offense, you must install an IID in your car for up to one (1) year or request a restricted license after one (1) year.
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Third-time DUI Misdemeanor Offense
A third-time DUI offense is typically chargeable and punishable as a misdemeanor if there are no aggravating factors in your case. Elaborated below are potential penalties for a third-time DUI offense conviction:
Custody in the County Jail
If you are guilty of DUI for the third time within ten years since your last DUI offense conviction, you should expect an incarceration term in the county jail for a maximum of one year.
Pay Fines
A conviction for a third-time DUI offense also attracts a similar amount of fines as a first-time and second-time DUI offense, ranging from $390 to $1,000.
An Informal Probation
Typically, most third-time DUI offenders must complete three to five years of summary/informal probation. As part of your probation condition, the judge presiding over your DUI case has the discretion to order a mandatory enrolment to a DUI program for thirty (30) months.
A Suspension of Your Driving License
As mentioned above, the penalties you will face for a DUI conviction will be harsher, depending on the number of prior DUI convictions you have on your record. For a third-time DUI offense conviction, the court will suspend your license for a more extended period than a second-DUI offense conviction.
Generally, after a conviction for a third-time DUI offense, you should anticipate a driver’s license suspension for up to three years. To avoid a suspension of your license for this lengthy period, you must apply for an IID and maintain it in your vehicle for a maximum of two years. An IID will prevent your car from starting until you provide an alcohol-free breath.
Alternatively, you can wait for a maximum of eighteen months to convert your suspended driver’s license to a restricted license, allowing you to continue driving wherever you want.
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Fourth-time DUI Offense
As the name suggests, a fourth-time DUI offense is chargeable if you have three past DUI or DUI-related convictions on your record. A fourth-time DUI charge shows that you are a notorious offender and the prosecutor has the discretion to file your case as either a misdemeanor or a felony, depending on your case facts.
According to VC 23550, a conviction for a fourth-time DUI charge will make you subject to the following probable criminal penalties:
Jail Term
You should expect an incarceration term in the state prison for up to three (3) years if you are guilty of the alleged fourth-time DUI charge as a felony. However, when the prosecutor files your case as a misdemeanor, you should expect an incarceration term in the county jail for a maximum of one (1) year upon conviction.
Pay Fines
Typically, the court could require you to pay a fine ranging from $390 to $1,000 for a fourth-time DUI charge conviction. However, this fine could amount to up to $18,000, depending on your unique DUI case facts/circumstances.
Formal Probation
Sometimes, instead of serving a prison term for a fourth-time DUI charge conviction, the court may put on formal or felony probation for a maximum of five years. The court could also require you to attend a DUI school for a maximum of thirty months as part of your probation condition. Other probations conditions the court may require you to abide by include:
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You should not commit any new offense while on probation
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Agree to submit a chemical test or urine test if you are under arrest for any subsequent DUI offense while on probation
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You shall not drive an automobile with any measurable BAC
A Suspension of Your Driving License
Generally, all DUI charges will lead to a license suspension upon conviction. For a fourth-time DUI charge conviction, the court will suspend your DL for a maximum of four years, which is a long time without enjoying your driving privileges. However, even as a fourth-time DUI offender, you can install an IID to continue driving.
Further, a conviction for a fourth-time DUI offense will make you labeled as a habitual traffic offender (HT0), according to VC 14601.3. An HTO is typically an individual who drives with a suspended license and has accumulated excess points on their DMV record. A driver accumulates these points with each vehicular crime or traffic violation.
Factors That Can Aggravate Potential Penalties of a DUI Charge Conviction
There are several circumstances and factors that, if present at the time of the arrest for the alleged DUI offense, will increase your potential jail or prison sentence upon conviction. These aggravating circumstances and factors will increase your possible sentence, regardless of whether it is your first-time, second-time, third-time, or subsequent DUI charge conviction. Some of these aggravating factors include:
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Driving a vehicle at excessive speeds
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Refusing to submit or consent to a chemical test after a lawful arrest for an alleged DUI charge
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Causing a collision or an injury
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Having a minor aged below fourteen (14) years as a passenger
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Having a BAC of 0.15% or greater
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Being below twenty-one years (21) years at the time of the arrest
Typically, the exact type of enhancement that will apply to your unique DUI case during sentencing will depend on the following:
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Your criminal history/background (with emphasis on your past DUI convictions)
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Specific circumstances of your DUI arrest
Other Possible Consequences of a DUI Charge Conviction
Not only will a DUI charge conviction result in criminal penalties explained above, but it will also attract more life-long consequences, which will impact your life negatively. Explained below are some of these detrimental consequences:
You Will Pay Increased Auto Insurance Rates
A conviction for a DUI charge will most likely make your auto insurer increase your premiums. Typically, the auto insurance rate increase or raise will depend on the following factors:
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Your driving experience
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Your age
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Your driving history
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Your residence
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Your gender
If the court or the DMV suspends your license due to a DUI conviction, you should consider obtaining an “SR22 insurance” or an “SR22 certificate” from your auto insurer. Typically, the purpose of having this certificate after a conviction for a DUI charge is to verify that you have a minimum required auto insurance coverage.
Having this certificate means you are labeled a “high risk” driver. Because of this, you should expect increased insurance rates or costs for your coverage.
Pay Civil Damages
A DUI offense will also attract civil damages if someone was killed or injured in a collision or accident that you were at fault. A conviction for the alleged DUI offense will be enough to prove that the victim (plaintiff) deserves damages in a civil lawsuit because driving under the influence counts as negligence under personal injury laws.
The DUI Conviction Will Display on Criminal Record
A conviction for a DUI charge will display on your criminal record, even if it is your first-time DUI charge conviction. Unless you petition the court to expunge your DUI criminal record under Penal Code 1203.4, it will remain visible to anyone interested to know your criminal background.
Apart from serving a jail term and paying hefty fines, having a DUI criminal record can negatively impact many aspects of your life, for example:
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It makes it challenging to secure an apartment or house to live
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It makes it challenging to secure reliable employment
A conviction for a DUI charge can also make you lose your current employment, especially if you hold a commercial driving license (CDL). If you are a commercial vehicle driver, your employer may fire you because employing you is a great risk to their business reputation.
Suspension or Loss of Your Professional Licenses
If you are a lawyer, teacher, or doctor, a DUI conviction could attract disciplinary actions with your licensing agency, which may revoke or suspend your professional license. Because of this, you can fall behind on your professional goals/targets and financial obligations that you have to meet.
Having an attorney who understands the detrimental and devastating consequences you could face following a conviction for a DUI charge is the key if you want to achieve the best possible outcome in your case.
Find a Los Angeles DUI Attorney Near Me
At The Los Angeles Criminal Defense Attorney, we understand what could be going on in your mind if you or someone you care about is under investigation or arrest for an alleged DUI charge. Our skilled dui attorneys have successfully helped several clients counter DUI charges, and we can help you fight for the best possible result or outcome on your unique case.
To discuss the potential consequences you could be subject to following a conviction for a DUI offense, call us at 310-564-2605 for an obligation-free consultation with our understanding attorneys.
