Types of DUI Offenses
Types of DUI Offenses in California
When arrested for driving under the influence in Los Angeles or anywhere in the state of California, there are a number of charges an individual may face. The Justice Firm has listed some of the various DUI offenses in our state below, along with information about each offense we believe you will find helpful.
1st DUI Offense - A first DUI arrest may result in up to six months in jail, fines of up to $1,000 or more, driver's license suspension, and possible additional penalties. California Vehicle Code Sections 23152(a) and 23152(b) make it unlawful for an individual to drive a vehicle when he/she is under the influence of alcohol, and unlawful for a person with a BAC (blood alcohol content) of .08 percent or greater to operate a vehicle.
2nd DUI Offense (Within 10 Years of Previous) - A second drunk driving arrest within 10 years of a previous DUI arrest is usually charged as a misdemeanor, and may leave those convicted facing up to one year in jail, substantial fines, driver's license suspension for two years, DUI school, and other penalties depending on the county where the individual was arrested.
3rd DUI Offense (Within 10 Years of Previous) - Again usually a misdemeanor offense, a third DUI arrest within 10 years of the first may leave those convicted facing up to one year in jail, and includes mandatory jail time of 120 days. Fines and other costs may add up to $3,000 or more, and your driver's license will be revoked for three years. DUI school and possible installation of an ignition interlock device in your vehicle are other penalties that may be imposed, again depending on the county where the arrest occurred.
4th DUI Offense (Within 10 Years of Previous) - A fourth DUI arrest within 10 years of the first is charged as a felony, and incurs penalties which may include sixteen months, or two or four years in prison, fines, driver's license revocation for four years, habitual traffic offender status for three years, and more. Penalties vary depending on the facts of your case, BAC (blood alcohol content) level, and other factors.
DUI Manslaughter - Commonly referred to as Vehicular Manslaughter While Intoxicated, DUI manslaughter may leave those convicted facing penalties including a maximum of one year in county jail, or up to four years in county jail if charged as a felony. The amount in fines a person will face and other penalties depend on whether an individual is charged with a misdemeanor or felony. Driver's license suspension is also likely.
Commercial DUI - A person who operates a vehicle for public transportation services such as a bus, taxi, shuttle, or other vehicle and who hold a Class A or Class B commercial driver's license will face the same penalties those convicted of a first DUI face. However, the individual will lose his/her CDL for a minimum of one year. Additionally, those who operate public transportation/hold a CDL cannot operate a motor vehicle with a BAC of .04 percent or greater, which is half the legal limit of other motorists who operate traditional passenger vehicles. A second commercial DUI will result in permanent loss of a commercial license.
DUI Child Endangerment - When a person is charged with driving under the influence and a minor child under the age of 14 is in the vehicle, the driver may face an additional charge of child endangerment under Penal Code 273(a) PC. Prosecutors may choose to charge a separate crime of child endangerment, DUI sentencing enhancement, or both. Additionally, child endangerment may be filed as misdemeanor or felony offense. If the prosecution chooses enhanced punishment for having a minor in the vehicle, you may face additional and consecutive punishment on top of the penalties for DUI. This punishment may include anywhere between 48 hours and 90 days in county jail depending on whether it is a first, second, third, or fourth DUI conviction.
Any type of DUI allegation is frightening, leaving those involved uncertain of what the future holds, and whether their freedom is in jeopardy. Regardless of the DUI offense you have been arrested for or charged with, it is vital to consult with a capable and aggressive Los Angeles DUI attorney. Contact The Justice Firm today at 310-914-2444 for a free consultation regarding your case.