Driving under the influence of alcohol or a drug can easily lead to a DUI charge in California. But there are many levels of DUI infractions. Suspects may be hit with misdemeanor or felony charges. The charge can be altered depending on how many prior convictions the suspect has.
Circumstances, such as if there’s a minor in the vehicle, will result in expanded charges. In an accident, any injuries or fatalities involved affect the charge.
Different Levels and Types of California DUI Charges
Drivers should never get behind the wheel while their perception and actions are affected by alcohol or by a drug. There shouldn’t have to be any penalties to deter drivers from making such a dangerous decision.
Unfortunately, many drivers show a lack of judgment across California each year and end up causing devastating accidents. The drivers involved face DUI charges, but those charges can grow when certain other factors are involved.
These are just some of the different levels and types of DUI charges in California:
- Traditional DUI – You can get a DUI charge any time you show appreciable signs of impairment due to alcohol or drug use. You don’t have to be over the legal limit for blood alcohol concentration (BAC). This is a rundown of what will happen if you get a first DUI in California.
- Per Se DUI – This is the normal way drivers are charged. The charge when drivers submit to a blood or breath test and show a BAC of 8% or over.
- Multiple Offenses – Getting a second or third offense can increase the penalties. These would usually be misdemeanors. With each subsequent offense, the fines, the jail time, and the time a license is suspended can increase.
- Felony DUI – A felony charge can be assessed in several situations. It comes with a 4th conviction for DUI within 10 years. It’s a felony DUI charge if the driver causes an accident with serious injuries or fatalities. It’s a felony if the driver already has a felony DUI conviction.
- Commercial DUI – Professional drivers like truck drivers and most delivery drivers can’t have a BAC over .04%. Rideshare drivers would also be subject to this lower limit.
- Underage DUI – Drivers under 21 can’t have a BAC over .01%
- DUI with a Minor Passenger – This is an aggravating factor and can increase the punishment for impaired drivers traveling with a child under 13 years old or younger. The charge can come with mandatory jail time. Prosecutors could also decide to file separate child endangerment charges.
- Vehicular Manslaughter While Intoxicated: This charge is levied when a driver is under the influence and strikes a victim and kills them. It can be a misdemeanor or a felony. A misdemeanor would carry up to a year of confinement in a county jail and a $1,000 fine with additional court fees.
- Vehicular Manslaughter/Murder: Assessed when a DUI results in a fatality. Drivers This is always a felony and would carry a punishment of up to 10 years in prison. If the convicted driver has a prior DUI or manslaughter charge, the punishment can be 15 years in prison, all the way up to life in prison.
Do I Need a Lawyer After Getting Struck by a DUI Driver?
If you are a motorist, pedestrian, or cyclist struck by an impaired driver struck by an impaired driver, and your injuries are serious, it’s a good idea to talk over your case with a skilled California car accident lawyer.
A skilled lawyer can help you prove who was at fault in your accident, especially when insurers would rather pin the blame on you. We make sure the blame stays with a drunk driver. Maison Law can also fight to earn you the most in a settlement check possible. This is often much more than you could win by taking on insurance adjusters yourself.
Maison Law offers a free case consultation to all California accident victims. There’s no obligation, but if you end up needing our help with your case, you don’t have to worry about how you’ll afford a lawyer. We don’t get paid unless you get paid. That means we only get paid if we win your case. Then, our fee comes out of the settlement check that an insurance company must write for you.
