A Marin County DUI Attorney Explains DUI Penalties You Can Face

One thing that can complicate DUI cases is the broad range of penalties you can face. Prosecutors are aggressive and will try to intimidate defendants by threatening them with the harshest possible consequences. To make the right decision about how to proceed with your case, you need to understand what outcomes you can realistically expect. You also need to understand the strengths and weaknesses of the prosecution’s case and know what facts you have in your favor. To get a fair result in your DUI case, you need a Marin County DUI attorney who knows how to get a fair result.

California DUIs Can Be Charged as Misdemeanors or Felonies

Most DUI charges are misdemeanors—this means that the maximum penalty is no more than one year in jail. However, some DUIs are charged as felonies. You could face a felony DUI charge in the following situations:

You injured or killed another person while driving under the influence of drugs or alcohol
You have three prior non-felony DUI convictions within the last 10 years
You have a prior felony DUI conviction

A felony DUI charge is obviously a very serious matter that can carry harsh penalties. However, that does not mean you shouldn’t take a misdemeanor charge seriously. Prosecutors are just as aggressive with misdemeanor cases. Whether you are facing a misdemeanor or felony DUI, you need a Marin County DUI attorney to protect your freedom.

Misdemeanor DUI

As noted above, the maximum penalty for a misdemeanor DUI conviction is one year in jail. In general, the potential penalties you face will be determined by whether this is your first DUI charge or whether you have prior convictions:

First offense: maximum of 6 months in jail and fines of up to $1,000.
Second offense: maximum of 1 year in jail and up to $1,000 in fines
Third offense: maximum of 1 year in jail and up to $1,000 in fines
DUI with injury: maximum of 1 year in jail, fines of up to $5,000 plus additional penalties, and you will be ordered to pay restitution

In almost every situation, you will be ordered to attend DUI education classes, commonly referred to as “DUI school.” This can range anywhere from 3 to 30 months. You also will have your license suspended if convicted of misdemeanor DUI:

First offense: license suspension of up to 10 months
Second offense: license suspension of up to 2 years
Third offense: license suspension of up to 3 years
DUI with injury: license suspension of up to 3 years

Your conviction may also require you to have an interlock ignition device installed on your vehicle.

Even a misdemeanor DUI conviction can have a significant negative impact on your life. Even if you avoid jail time, your insurance premiums will skyrocket. Your conviction will be public record, causing substantial embarrassment among your friends and family. Your conviction could also impact your career. Protect your future by contacting a Marin County DUI attorney as soon as possible if you have been charged with DUI.

Felony DUI

Felony DUI charges carry very harsh penalties upon conviction. If you have been charged with felony DUI as a result of prior convictions, you can expect the following:

Anywhere from 16 months to three years of prison time in California state prison
Up to $1,000 in fines and over $10,000 in costs
DUI school for up to 30 months
Three to five years of probation
Installation of an ignition interlock device for at least one year
Possible suspension of your driver’s license for up to four years
Designation as a “habitual traffic offender” by the DMV
A felony conviction on your record

If you have been charged with felony DUI because you caused injury or death, you face the following penalties:

A maximum prison sentence of 25 years to life
$5,000 in fines
Payment of restitution
Permanent revocation of your driving privileges
A “strike” under California’s three strikes law

As you can see, a felony DUI conviction can change your life forever. Do not plead guilty or make any other decisions about your case without first talking to an experienced Marin County DUI attorney.

Probation

Probation is often offered as a replacement for incarceration or a way to reduce your sentence. Before agreeing to probation, however, it is important to understand what it may entail. Probation for a DUI charge will include the following mandatory conditions:

You cannot drive with any amount of alcohol in your blood
You cannot refuse to take a chemical test of your breath, blood, or urine if you are arrested for a subsequent DUI
You cannot commit any additional crimes

The following conditions may be imposed depending on the circumstances of your case:

Participation in an Alcoholics or Narcotics Anonymous program or similar program
Enrollment and participation in a Mothers Against Drunk Driving (MADD) victim impact program
Restitution for any injury and/or property damage you caused (i.e., compensating victims for any financial losses)
Installation of an ignition interlock device on your vehicle

Whatever conditions are imposed, a violation can lead to additional criminal charges and other penalties, including jail time, that would have originally been served had you not been given probation.

Alternative Penalties

A skilled Marin County DUI attorney can help you avoid jail time by arguing for various alternative penalties. These sentencing options include the following:

Residence in a sober living environment
Electronic monitoring or house arrest
Community service
Cal-Trans roadside work

Of course, these options only make sense in cases where there is a good chance that you could be facing incarceration. Your lawyer will be able to explain what punishments you likely face and what outcome you can expect.

Speak with an Experienced Marin County DUI Attorney Today

If you have been charged with DUI, time is not on your side. The sooner you contact a Marin County DUI attorney, the sooner we can help. Call or email us today to schedule a free consultation.