MacGregor & Collins, lLP Articles Types of California DUI Charges

Types of California DUI Charges

By Randy Collins  Mar. 14, 2013 2:25p

DUI is an acronym for driving under the influence. Though the title seems self-explanatory, California laws regarding this crime are complex. This is because several factors are weighed when the case goes to trial. This includes the blood alcohol count, any aggravating factors such as injury or death, the driver's history of prior DUIs and more.

In addition, driving under the influence also refers to driving under the influence of drugs. California DUI cases can be further broken down by misdemeanor and felony offenses. Here are some of the top DUI charges in California, and there relevant charges:

California Vehicle Code 23152:

An adult who drives under the influence of alcohol – and over the legal limit of 0.08% blood alcohol count can be prosecuted under this code. The fines include up to six months in jail, up to one thousand in fines or both. In addition, common penalties include participation in DUI School and the suspension of a driver's license.

Minor DUI Under 21 Years

A child who is caught drinking and driving with a blood alcohol count above 0.08% will face the same penalties as an adult in Vehicle Code 23152. If however the alcohol count is less than this legal limit, the driver will face an infraction that subjects him or her to fines of up to one hundred dollars.

DUI With Injury

As the name suggests, if an injury occurs during the course of a DUI, the driver can be additionally charged under Vehicle Code 23153. Depending on the severity of the victim's injuries as well as the driver's history, this offense can be charged as a misdemeanor or felony. Misdemeanor DUI with Injury subjects offenders to up to one year in jail, up to one thousand in fines, almost three years in DUI School, an informal probation and compensation to the injured party. Felony DUI with Injury on the other hand is penalized by up to four years in prison, and the other fines listed under the misdemeanor equivalent.

Vehicular Manslaughter While Intoxicated

If someone was killed in the course of a DUI and because of the driver's carelessness, the driver may face manslaughter charges. Similar to DUI with Injury, this can be filed as a misdemeanor or felony offense. Misdemeanor penalties include up to one year in the county jail and up to one thousand in fines. Felony penalties however include up to four years in prison and up to ten thousand in fines.

Felony DUI

Habitual DUI offenders can face severe penalties if the offense is repeated three or four times within a ten year window. If convicted, offenders face up to three years in prison, up to four years of license suspension, a five year probation, participation in DUI school for one and a half year, as well as up to one thousand dollars in fines.

If you or a loved one have been arrested or charged for a DUI in California, speaking with an experienced dui defense attorney may be in your best interest. Call 949-250-6097 to speak with an experienced legal professional and find out what your options are.

Written by Randy Collins

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