DUI Punishments
A California DUI conviction carries substantial punishment that can include jail, fines, a driver’s license suspension, probation, alcohol education classes, and other repercussions. The punishment that will be meted out in a California DUI case depends on the facts of the case and the number of prior convictions you have. A skilled California DUI attorney from The Kavinoky Law Firm can analyze your case and determine what kind of punishment you face if convicted of your drunk driving charge.
Most individuals charged with California DUI are more concerned with the prospect of jail or prison than any other punishment. The amount of time you can spend behind bars after a California DUI conviction depends in part on whether it’s charged as a misdemeanor or a felony. Misdemeanors are punishable by up to a year in county jail. Felonies are punishable by a year or more in state prison.
If you’re facing a first, second, or third-time DUI and weren’t involved in an accident, your California DUI arrest will likely be charged as a misdemeanor. However, if you were involved in an accident, caused significant property damage, or someone was injured or killed, you’ll almost certainly be charged with a felony. Also, if you’ve had three or more DUI convictions within the past 10 years, your current drunk driving case can be charged as a felony.
You can be charged with a felony if it can be proven that your neglect through the act of drunk driving caused injury to anyone other than yourself. You can be charged with felony causation of injury even if your blood alcohol content (BAC) was less than the legal limit of .08 percent. All the prosecution needs to prove is that you were impaired by alcohol or drugs.
California DUI that results in death brings the most serious charges. Many California DUI deaths result in charges of vehicular manslaughter. Under California DUI law, vehicular manslaughter is a “wobbler” offense, which means that it can be charged as a misdemeanor or a felony depending on the facts of the case.
In some cases, a California DUI death can be charged as second-degree murder, particularly if you have one or more prior drunk driving conviction. A murder charge requires proof that you acted with implied malice, or a conscious disregard for human life. One way that prosecutors accomplish this is through the admission of a Watson warning – a declaration that individuals who plead guilty to California DUI must sign that acknowledges that they fully understand the dangers of drunk driving.
The punishment in a California DUI case can be extremely harsh, but fortunately you can’t be punished if you aren’t convicted. The skilled California DUI lawyers of The Kavinoky Law Firm have the experience you need to fight for your rights, your freedom and your reputation. To learn more about aggressively fighting your drunk driving charge, please contact a knowledgeable California DUI lawyer today at 1-800-NO-CUFFS for a free consultation.
