The state of California is very strict when it comes to DUIs, and every day dozens of people in CA face charges for driving while intoxicated. At the same time, many of those same people must endure uncertainty as they do not know what consequences such a charge brings with it. So, to help with this understanding, there is one key question you need to understand:
"In California, is a DUI a Felony or a Misdemeanor?"
In this article, we will look into the legal definitions of both types of charges and what you can expect from legal assistance in the case of a DUI charge. We will help to demystify these charges, helping you understand what's at stake and what you should do if you find yourself investigated for one.
Differences Between Felonies and Misdemeanors
The difference between a felony and a misdemeanor relates largely to what type of punishment you can expect to receive.
Felonies are serious crimes that often lead to more severe punishments such as:
- Imprisonment in county jail or state prision fo up to several years
- Strike offense
- Significant fines
- Loss of civil rights
- Legal consequences even after release
As such, it can have long-term consequences for someone which affect them in very significant ways.
Misdemeanors, on the other hand, are less severe and have lighter penalties. A DUI conviction can still be serious as a misdemeanor. You can be faced with potenital jail time, court fines, programs, and much more. Be aware, though, that it depends on the specifics of the individual who is charged as to what they believe is more severe.
Is a California DUI a Felony or Misdemeanor?
In California, a DUI is not commonly a felony when it is the first offense. First-time offenses are much more likely to be misdemeanors, which carry a much lighter penalty such as fines. However, in the case of DUIs, depending on the situation involving injury or other factors can be the difference between a felony or misdemeanor.
There are circumstances in which DUI charges can escalate to felonies. These often relate to repeat offenses or whether a person was a danger to others, especially minors.
Should any other person have come to harm, receive an injury, or even die, it is much more likely that a person receive a felony charge. This may be on top of the DUI itself, though. Other factors that may increase the severity of a charge include very high blood-alcohol content (BAC) levels.
With a felony, you can also expect to face longer court processes and higher legal fees due to the nature of the charge. This is why you want to ensure you hire representation that understands DUI penalties in southern CA if you are in that area.
DUI Consequences in California
Misdemeanor DUI charges in California can lead to a wide range of punishments. One thing you should be aware of, though, is that the charge will remain on your driving and criminal records. Long-term, these may be the most disadvantageous consequences.
Some of the common repercussions include:
License Suspension and Revocation
For a first-time offense without any other consequences, you will most often face a license suspension of four months up to a year. If you are a repeat offender, though, you may face a permanent revocation of your driving privileges. It depends on whether the judge believes you have learned from your initial punishment.
To reinstate such a license, a person will usually need to complete a DUI reeducation program and pay to reinstate their license.
Mandatory DUI Education Programs
Judges often put people in programs intended to ensure offenders learn the dangers of impaired driving. The goal of such a program is to promote behavioral change in the individual in question.
If a person offends repeatedly after the first program, it suggests they have not learned from the first time. In such a case, they will need to attend more intensive programs, lasting on occasion up to 18 months.
Personal and Professional Consequences
Outside of the legally mandated consequences, a DUI may come with a social stigma. Such a reputation is even more severe if the person has acted in a way that has harmed another.
Such a situation can have a huge impact on your standing in a community, and may even lead to a job loss in some cases, or a stop on your career advancement.
Community Service
Courts may mandate community service as part of a DUI sentence. There are many different types of service, and you can rarely choose which you involve yourself with.
Be aware that not complying with or completing this type of service can often result in more penalties, including jail time.
Jail Time
First-time offenders do not always receive jail time, but so long as there are no other circumstances, this will likely be from a few days to six months. In some cases, it may instead involve house arrest or allow someone to leave jail to attend work.
How a Lawyer Can Help Mitigate Charges
Having a lawyer with specialized knowledge of Southern CA DUI laws can help you navigate the complexities of a legal system. They can evaluate your specific case and identify areas where you may have a strong case for leniency or even clear the charge.
It can feel disempowering to allow someone else to take the forefront in a case. However, it is important to understand that they have useful skills, including:
- Negotiation skills to help reduce charges
- Legal knowledge to assist with the process
- Experience in in-court representation to give you a sense of professionalism
A criminal defense attorney can help you avoid long periods of jail time and minimize any fines you may face.
Ensure the Best Chances With Your DUI Case
A DUI charge in California is most likely to be a misdemeanor unless there are extenuating circumstances. In any case, it is best to have a skilled DUI lawyer ready to help you have the best chance when it comes to attending court.
Whether you have a misdemeanor DUI, a DUI felony, or have not yet been charged, contact F Your Ticket. Our attorneys specialize in situations like yours and can give you proactive legal advice that can help you today. So, get in contact and we will take the steps necessary to protect your rights.