Misdemeanor DUI charges are among the most popular driving arrests in the country. In fact, the majority of driving under the influence arrests are misdemeanors. Although a misdemeanor is less serious than a felony offense, it is still a crime in the state of California. So with that crime also comes its own set of penalties. With that said, hire an experienced criminal defense attorney the first chance you get.
Misdemeanor DUI Penalties
Under California state law, even first time misdemeanor offenses carry a fine of:
- Up to $1,500,
- A six-month license suspension,
- Community service requirements, and
- Time behind bars.
Though these penalties may seem harsh, they’re quite lenient compared to the penalties for felony DUI.
Drunk-Driving Laws in California
California has two basic drunk driving laws:
- It is a misdemeanor to drive under the influence of alcohol and drugs, and
- It is a misdemeanor to drive with a BAC of .08% or more.
In most cases, a defendant sees both charges in court. Although the defendant may be charged with both offenses, they can only receive punishment for one. Also, the penalties are the same for both offenses.
Misdemeanor Charges
If this is your first driving under the influence offense, chances are you’ll get a misdemeanor DUI charge.
A DUI arrest triggers two cases. First, the case with the criminal court. Second, a case with the DMV. With misdemeanor cases, there is no need for a grand jury to convene and investigate the DUI charges. Additionally, the offender may keep some of his or her rights. Unlike those convicted of felonies, this defendant keeps the right to serve on a jury, vote, or practice certain professions.
To determine whether your offense is a misdemeanor or felony, the court will review several factors. These include the circumstances of your arrest and any previous criminal activity. Most DUI cases fall under the realm of a misdemeanor unless a few conditions are true. You’re more than likely to face felony charges if you were:
- Involved in an accident,
- Driving more than twenty miles an hour over the speed limit, or
- Driving a passenger under the age of fourteen in your vehicle.
Penalty Information
The penalties for a misdemeanor DUI in the state of California usually include informal probation for up to five years, up to six months in county jail, up to $1,000 in fines, mandatory alcohol and/or drug programs, and a license suspension that can last for up to ten months. Depending on how many previous misdemeanor DUIs are on your record, a mandatory jail sentence may be included in the penalty.
There are a variety of ways to fight a misdemeanor DUI charge in the state of California. Chemical tests come with their own set of inaccuracies, and certain medications may have an effect on your blood alcohol content. Additionally, sobriety checkpoints must adhere to strict legal requirements. If an officer forgets to read you your Miranda Rights, you may win your case.
If you’ve been arrested for a misdemeanor DUI, an experienced criminal defense attorney can help you win your case and protect you and your family from the criminal and financial penalties associated with a misdemeanor DUI.
