The Consequences of a DUI Conviction

An arrest for a DUI can cause significant stress and anxiety due to the severe legal consequences of a conviction. Although DUI is generally a misdemeanor offense, its penalties can be severe. You can also face felony charges if there are aggravating factors in your case, like an injury or death. Understanding the consequences of a DUI conviction prepares you for what to expect if a court finds you guilty. It also helps you plan well for a defense to influence the outcome of your case. 

Working with a competent DUI attorney is essential if you are charged with a DUI. In addition to guiding you through the complex legal process, an attorney can explore your options, protect your rights, and pursue the most favorable outcome. They can cause the court to dismiss or reduce your charges.

What Is Considered DUI Under California Law?

The consequences of a DUI conviction apply to anyone that a court finds guilty of a DUI. Under VC 23152, a DUI occurs in the following situations:

  • When you drive a vehicle while your physical and mental capacities are impaired by alcohol or drugs as defined under VC 23152(a)

  • Driving a vehicle with a blood alcohol concentration (BAC) above the legal limit, as specified under VC 23152(b)

The DUI per se law applies differently to different drivers. The standard BAC level for ordinary drivers is 0.08%, while that for commercial drivers is 0.04%. Underage drivers (below 21) are not permitted to have any trace of alcohol in their system while driving.

DUI applies to driving under the influence of alcohol or drugs. Additional provisions under VC 23152 may apply depending on your case details.

Penalties for a DUI depend on the specific charges, your prior DUI record within ten years, and any aggravating or mitigating factors. Consult a skilled DUI attorney to understand potential outcomes.

The Penalties and Other Consequences of a DUI Conviction

Remember that DUI penalties vary significantly from one case to another. Here are possible penalties, based on particular DUI charges under California DUI law:

Penalties for a First DUI Conviction

A first DUI conviction will occur if you do not have a prior conviction for any DUI offense on your record. It is a misdemeanor, punishable by the following:

  • Custody in a county jail for up to six months, or

  • Misdemeanor probation for one to three years

  • Court fines range from $390 to $1,000, which can go up due to penalty assessment charges

  • Registering and completing a DUI program for at least three months

  • Suspension of your driver’s license for at least six months. This can be more if there are aggravating factors in your case. You can reinstate your driving privileges if you install an ignition interlock device system in all your vehicles.

A misdemeanor conviction stays on your criminal record for up to ten years. Within this time, it can significantly affect various aspects of your life since criminal records are publicly available. Anyone who runs a background check on you will find out about the conviction, and they can decide based on their findings. These include potential employers, landlords, loan lenders, and insurance providers.

Penalties for a Second DUI Conviction

A second conviction will happen if you already have a prior DUI conviction on your record within ten years. Although it is also a misdemeanor, its penalties will be slightly graver than those for a first DUI conviction. They can include the following:

  • Up to one year in county jail or house arrest under certain mitigating circumstances

  • Misdemeanor probation for up to three years

  • Court fines range from $390 to $1,000, which could be more if penalty assessment costs are included

  • Mandatory enrollment in a DUI school for 18 to 30 months, which can be done if granted probation

  • Suspension of your driver’s license for two years or longer if aggravating factors exist, such as a high BAC. After one year, you may apply for a restricted license for specific purposes, provided you install an IID in all vehicles.

Remember that a second DUI will also significantly impact your criminal record. The conviction will remain on your record for up to ten years, which can affect different aspects of your life, including your social and professional lives.

Possible Penalties for a Third DUI Conviction

A third DUI means that you have two prior DUI convictions on your record within ten years. Although this is also a misdemeanor, its penalties will be graver and can include the following:

  • A maximum of one year in a county jail, or

  • Misdemeanor probation for up to five years

  • A court fine ranging from $390 to $1000, or more if penalty assessment costs are included

  • Completion of a DUI education program for 30 months

  • Suspension of your driver’s license for three years. After two years of suspension, you can apply for a restricted driving license to specific locations. However, you must have an IID system in all the vehicles you intend to drive.

A third DUI will have an even greater impact on your criminal record. It can affect your ability to find suitable employment, a house to rent, or affordable insurance or credit services.

Penalties for a Fourth or Subsequent DUI Conviction

Remember that a DUI charge is determined by prior convictions on your record within ten years. A fourth DUI means you have three prior DUI convictions on your criminal record within ten years. Unlike the first three DUIs, a fourth or subsequent DUI is a felony, meaning it is graver and could result in more severe penalties. Here are possible penalties and other consequences of a fourth DUI conviction:

  • 16 months, two or three years in prison, or

  • Felony probation for up to five years

  • A court fine of up to $1000, which can go up to $18,000 if penalty assessment costs and other charges are included

  • Completion of a DUI education program for 30 months

  • Suspension of your driver’s license for four years. However, you could apply for a restricted license after three years of suspension to drive to specific locations. You must have an IID system in your car for the court to grant this request.

  • A designation as a habitual traffic offender, which earns you some points on your driving record. The DMV can revoke or cancel your driver’s license if you accumulate more points.

A felony DUI conviction remains on your record for a much longer period than a misdemeanor. Thus, it will continuously affect your life for a very long time, including your career and social life.

The Consequences of a Felony DUI

A felony DUI will likely occur under the following circumstances:

  • If you face a fourth DUI charge within ten years

  • If you cause an accident that results in an injury or death while driving under the influence of drugs or alcohol

  • If you drive on a revoked or suspended driver’s license while under the influence of drugs or alcohol

  • If you have a prior felony DUI conviction on your record

Felony DUIs have more severe penalties than misdemeanor DUIs, which could include the following:

  • 16 months, two or three years in prison. Additional prison time can apply if a sentencing enhancement applies in your case, for example, if you cause a significant bodily injury. Also, you can receive additional time in jail if someone loses their life as a result of your DUI violation.

  • Court fines are between $1000 and $5000, which could increase due to penalty assessment costs and other charges. If the judge sentences you to probation. You could incur additional charges, mainly if you must enroll in DUI programs or other court-ordered rehabilitation or education facilities.

  • Suspension of your driver’s license for several years. The specific suspension period depends on the circumstances of your case. For example, if this is your fourth DUI, and you do not have any aggravating factors in your case, like an injury or death, the court can suspend your license for four years. DUI with death or injury will result in even longer suspensions or a revocation.

  • Install and maintain an IID system after the driver’s license suspension in all your vehicles. This ensures you do not drive with any traces of alcohol in your system. You incur the cost of installing and maintaining the IID system for the required period.

Aggravating Factors that Increase Your DUI Penalties

Remember that aggravating factors will increase your penalties or the consequences of your DUI conviction. Prosecutors consider these factors when determining your charges, and judges do the same when issuing a sentence after a conviction. Here are examples of aggravating factors that can result in more severe consequences after a DUI conviction:

  • Reckless driving, or driving at an excessive speed—The judge will consider this during sentencing, even if you face a first DUI conviction

  • Refusing to consent to chemical testing after a DUI arrest— This is a severe violation of the implied consent law, which requires drivers to automatically yield to chemical testing to determine the level of alcohol or nature of drugs in their system. While you can fail to submit to chemical testing before a DUI arrest, doing so after an arrest can result in a more severe penalty

  • Causing an accident while driving under the influence—This will affect your charges, even if no one is injured. If an injury occurs, your penalties will likely increase. More severe penalties will happen in case of a severe bodily injury or death.

  • Driving with a minor in the vehicle while driving under the influence will impact your DUI charges. You will face felony charges for driving with a minor aged 14 or younger in a car while under the influence of drugs or alcohol.

  • An extremely high BAC will also impact your DUI charges and penalties. Motorists who drive with a BAC of .15% will likely face felony charges.

  • The violation of the zero-tolerance law, which prohibits underage drivers (21 or younger) from driving with any trace of alcohol or drugs in their system. If you are arrested for a DUI at 21 years or younger, the penalties will be graver.

Other Consequences of a DUI Conviction

In addition to criminal penalties, which include time in jail, probation, and court fines, a DUI conviction will result in other life-changing consequences that you should be aware of. The gravity of these consequences will depend on your criminal history and the circumstances of the underlying case. Here are some of these consequences and how they will impact your life:

A Damaging Criminal Record

Every arrest and conviction in California results in a criminal record. Records for misdemeanors last for up to ten years, while felony criminal records last for life. Criminal records are publicly available, meaning anyone can find out about your arrest or conviction if they run a background check on you. People can change how they view you because of such findings.

However, this can affect you significantly if a potential landlord, employer, loan lender, or insurance provider finds out about your criminal background. You could lose critical opportunities due to your criminal record, including a job you qualify for, the ability to rent a house in your preferred neighborhood, or reasonable interest rates when obtaining a loan or insurance services. A criminal record can also cause difficulties when advancing your career, since colleges run background checks on applicants before admitting them.

A damaging criminal record will also affect penalties for subsequent convictions. More often than not, prosecutors and judges consider a person’s criminal record when determining their charges or penalties.

Loss of Critical Rights

Civil rights matter greatly because they allow you to be treated fairly and equally in all circumstances. They protect you from abuse, harassment, and discrimination.

However, you lose some of your civil rights after a DUI conviction, including your voting rights and gun rights. You lose these rights mainly when you are convicted of a felony DUI. A felony DUI conviction will likely result in a prison sentence of up to three years. Within this period, you will not be able to vote. Your inability to vote can affect your reintegration after serving your prison sentence. Voting connects you to your community and gives you a voice to determine what will happen. Losing your voting rights demotivates you from engaging in civic duties, making reintegration more challenging.

A felony conviction will also affect your gun rights. Remember that a felony conviction remains on your record for an indefinite period. Thus, you can lose your gun rights permanently after a felony DUI conviction. You will not be able to purchase, own, or use a firearm again when this happens.

Expungement Restrictions

Expungement is a legal process through which you can eliminate the negative disabilities and consequences of a criminal conviction. You can file for expungement after completing your probation. However, you must meet the strict requirements for the court to grant your request. For example, you must not face criminal charges or serve time for another crime when applying for expungement.

Expungement is possible in some cases, but not all. For example, you can file for expungement if you were sentenced to misdemeanor probation and have completed the probation. However, it is not guaranteed in some cases, for example, if you received a felony DUI conviction. The process can be longer, and a positive outcome is usually not guaranteed.

Remember that expungement eliminates some of the negative consequences and disabilities of a criminal conviction. If it does not work for you, you could continue experiencing these consequences and disabilities, especially when seeking employment, seeking a professional license, or looking for a house to rent.

Three Strikes Law

In some cases, a felony DUI counts as a strike under the Three Strikes Law. Felony crimes are considered strikes if they are violent or if you have a prior violent felony on your record. A felony DUI is a strike if it causes a severe injury or death, or if you have a prior severe felony on your record. A conviction for a strike is treated differently under the law. For example, a first strike will result in the maximum penalty for the offense under the law. A second strike will result in double the penalties, while a third strike is punishable by 25 years to life in prison.

Find an Experienced DUI Lawyer Near Me

A DUI arrest or conviction in Bakersfield can result in severe penalties and other life-altering consequences. These include a lengthy prison sentence, severe probation conditions, a hefty court fine, and a damaging criminal record. However, you can influence the outcome of your case with the help of a competent DUI attorney. They can use their best defense strategies to fight your charges for a favorable outcome.

At Koenig Law Office, we can work with you to minimize the impact of a DUI conviction on your life. We can also help you navigate the complex legal processes after a DUI arrest, protect your rights, and understand your options. Contact us at 661-793-7222 for more information about your situation and our services.