In California, driving under the influence is one of the most common offenses. The court normally charges a first-time DUI as a misdemeanor offense. However, a DUI charge can have far-reaching consequences. The charge can affect your finances and employment prospects and tarnish your criminal record. Some DUI conviction consequences are short-term, while others have a long-term effect. Some of these consequences include temporary license suspension, fines, increased insurance premiums, and serving time in jail in some cases. Therefore, understanding the effects or consequences of a DUI conviction is critical. Consequences of a DUI conviction are:
You May Face Jail Time
The jail time you serve for a DUI conviction will depend on whether it is the first time you are charged with the offense and the seriousness of the offense. If the charge is your first DUI charge, the court can sentence you up to six months in jail. For a second DUI charge, the court can sentence you to a prison term of up to one year. For a third DUI conviction, the judge can sentence you to a maximum jail term of one year or sixteen months in state prison.
The court can sentence you to sixteen months to three years in state prison. When you cause bodily harm due to DUI, the prosecutors charge the crime as a wobbler in California. Therefore, the court can charge the DUI offense as a misdemeanor or a felony. When the court charges the DUI as a felony, the judge can sentence you to sixteen months to three years in state prison.
Monetary Consequences: Fines And Restitutions
For a first-time misdemeanor DUI, the fine ranges from $390 to $1,000. The court may also charge you additional fines and charges which can raise the total fines to $3,000 or more. For a second time charge, the fine ranges from $390 to $1,000. However, the fines may increase to $4,000 or more due to penalty assessment. For a third DUI charge, the fines range from $390 to $1,000. However, penalty assessment can substantially raise this amount to a total of $18,000. For a fourth and subsequent DUI misdemeanor charge within ten years, the fine ranges from $390 to $5,000 but the penalty assessments can raise this amount to $18,000.
You may also have to post bail if you are arrested for the offense. The authorities may also impound your vehicle, where you must pay for the towing and storage charges. If you caused property damage or injured a victim, the judge will order you to pay restitution.
Your License Suspension
If the authorities arrest you for a first-time DUI charge, the court can suspend your license for six months. Additionally, the Department of Motor Vehicle (DMV) will suspend your license for four months. If you refuse a BAC testing, the department increases the suspension to one year. However, you may qualify for a restricted driver’s license after thirty days. The DMV may suspend your license for two years for a second DUI conviction. However, you don’t lose your license immediately after the authorities arrest you for DUI. Rather you lose your driving privileges if you fail to request a DMV hearing or if you lose the hearing.
You must request the DMV hearing within ten days of your arrest. If you fail to do so, the department will automatically suspend your license. However, it only suspends your license if your BAC was 0.08% or above during the arrest. If the chemical tests subsequently show your BAC was below 0.08%, the department will not suspend your license. However, the DMV allows you to drive with a suspended license, provided you install an ignition interlock device in your car.
The DMV hearing and court hearing in a DUI charge do differ. The DMV hearing deals solely with your driving privilege. On the other hand, the court hearing determines whether or not you are guilty of the offense. Even if the DMV suspends your license, you can receive a restricted license to drive to work, school, or a California DUI school.
California has two types of restricted licenses. The IID restricted license and a normal restricted license.
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The IDD Restricted License
The IID stands for an ignition interlock device. The IID is a breathalyzer that prevents the car from starting if it detects alcohol in your breath. The DMV allows you to drive anywhere on a suspended license provided you have installed the IID. However, you have to complete DUI school and pay all fees for the department to issue you with the IID restricted license.
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Restricted License
A restricted license allows you to drive to work, school, and a California DUI school in California. However, you also have to file an SR 22 form to obtain the restricted license. The waiting time to receive your restricted license will depend on the suspension type. You can receive your restricted license immediately if the suspension is court-triggered. If the suspension is DMV triggered, you have to wait for thirty days. If the suspension originates from the court and the DMV, you’ll have to wait for thirty days.
The Court Can Sentence You To Probation
The court can sentence you to probation for three years, although the probation period can extend to five years for your first-time DUI charge. You also have to complete a three-month DUI school as part of the probation condition. You must also attend at least thirty hours of classes. If the BAC level was 0.08%, you must attend the DUI school for nine months and 60 hours of classes. The court can sentence you to three years of DUI probation for a second charge.
However, the period can increase to five years. You must also complete an eighteen- or thirty-month DUI school. For a third DUI conviction, the court can sentence you to three-to-five-year probation. You also have to complete a thirty-month DUI school. For a fourth and subsequent DUI charge, the judge can sentence you to three to five years’ probation. You also have to complete thirty months in a California DUI school.
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Terms Of A DUI Probation
A DUI probation allows you to stay out of prison by agreeing to abide by the set terms and conditions. The terms of probation usually include paying a fine and completing a DUI school. You must also agree not to drive with any amount of alcohol in your blood system during the probation period. If you fail to follow the probation conditions, the court can revoke your probation and sentence you to jail.
In general, the court imposes certain conditions on your probation. Some conditions include three to five years’ probation and non-commission of any criminal offenses while on probation. You must also agree to a DUI breath test or chemical test if the authorities arrest you on suspicion of DUI. In addition, you should not drive with any notable alcohol level in your system.
Under California’s “zero tolerance” law, it is a criminal offense to drive with any detectable level of alcohol in your system while on probation. If the authorities arrest you for drunk driving when on probation, the court can revoke your probation. However, you can avoid the revocation if you spend forty-eight hours in county jail.
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IID As A DUI Probation Condition
Another probation condition the court may impose is the installation of the IDD. The ignition interlock device will only allow the car to start if your breath is free of alcohol. The judge may require you to install the IID as a probation condition if you have a high BAC level, usually 0.15% or higher, at the time of your arrest. You may also have to install the IID if you refuse to undergo the chemical or breath test during the arrest.
The court can direct you to keep the device installed for four months to four years. The installation period will depend on whether the DUI charge is the first, second, or subsequent conviction. Whether the charge was a standard DUI or you caused injury due to drunk driving. The law also requires you to install the IID if the authorities arrest you driving under the influence of drugs or alcohol or both on a suspended license.
Insurance Premium Consequences
Your insurance premium can rise to 165% in California after a DUI conviction. Therefore, after the court charges you with a DUI conviction, your insurance premiums become more expensive. The insurance providers increase the premium because they consider you a high-risk client. However, some insurance companies offer a better deal even after being charged with a DUI offense. You should therefore shop around to find the company offering the best deal.
In California, the insurance companies will continue to charge high premiums for the duration of your probation. For example, if your probation period is three years, you will pay the high premium rates for three years. The insurance companies usually decrease the premium rates once your probation period is over. However, some insurance providers may take longer than the probation period to lower the insurance premiums. As a result, finding an insurance company willing to insure a high-risk driver can be challenging. But you can use the California Automobile Assigned Risk Plan (CAARP), a program that helps high-risk clients find companies willing to insure them.
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You Don’t Have To Report Your DUI Conviction To Your Insurer.
No law in California requires you to report a DUI conviction, arrest, or driver’s license suspension to your insurer. However, the law requires you to report any accidents you have been involved in, whether they are DUI-related or not. The insurance companies can find out about your DUI charges using various methods. For example, the insurance can run a background check when renewing your policy. They can also find out about the DUI conviction if you tell them during the insurance application process.
Your insurance company is against the law to cancel your policy before its expiration date after a DUI conviction. However, the insurance provider can cancel the policy or change the terms once it is up for renewal. The law also requires the insurance providers to remove the good driver discount for your policy after a DUI conviction.
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Will Your Premium Be Affected If The DUI Charge Is Expunged?
Expunging the conviction only removes it from your criminal record. However, the DUI will remain in your driving record for ten years. Therefore, the insurance companies will still charge a high premium since your driving records show a DUI conviction. However, the authorities’ erase your DUI records after ten years if you are not arrested for DUI within that time frame.
A Criminal Record For DUI Conviction In California
Another consequence of a DUI conviction in California is a ten-year criminal record. A criminal record is not pretty as anyone who conducts a background check will find the DUI criminal record. Under California law, a DUI is a severe offense that appears in a pre-employment background check. The DUI will also appear in your vehicle record check an employer may conduct.
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The Criminal Record Complicates Your Job Application And Rental Property Prospects
Many job applications often ask if you have ever been convicted of a crime. This question may pose a dilemma if you have a previous DUI conviction. Some employers will become skeptical when you check the box as they don’t know if the criminal history is a misdemeanor or a series of felonies. Some landlords also check your background before they rent out their property. Therefore, having a DUI conviction also affects your ability to live in certain areas.
Attend Alcoholic Anonymous
Another consequence of a DUI conviction is attending AA meetings even if you are not a drunkard. The judge may require you to attend Alcoholic Anonymous or AA meetings at least once a week. The court will also give you an attendance form to verify your presence at the meeting. The meeting director will have to sign off for every session you attend.
Attend Mothers Against Drunk Driving Meetings
The court may also direct you to attend Mothers Against Drunk Driving. In California, the court usually requires first-time offenders to attend the MADD meetings. At least one person in the meeting shares how drunk driving has affected their lives. The sessions may also include a video presentation or a slide show. A police driver may also share the effects of drunk driving. The purpose of the meeting is to sensitize you on the impact of drunk driving on the community at large.
Hospital And Morgue (HAM) Program
The court may also refer you to the Hospital and Morgue program run by the coroner’s office. Under the program, you will visit the hospital, especially the ER, for four hours. You will also visit the morgue for four hours. The visit aims to show you the impact of drunk driving, especially the injury and death drunk driving can cause. The HAM program may also include a PowerPoint presentation. You will also observe as the coroner processes the bodies. The processing consists of photographing, fingerprinting, and undressing the bodies. You will also observe the coroner perform the autopsy. In some cases, the court may require you to write a 1,000-word essay about your experience in the hospital and the morgue.
Consequences Of Felony DUI Conviction With Bodily Injury
You can face more severe consequences when you injure someone in a DUI accident. If charged as a felony, you could face a fine of $390 to $5,000. Penalty assessment could increase the fines to as much as $18,000. The court could also order you to pay restitution, which may run to thousands of dollars, to the victims. Additionally, the judge may sentence you to a jail term of sixteen to three years in state prison.
The authorities could also suspend your license for up to four years or permanently suspend your driver’s license. The court could also sentence you to a three or five-year probation thorough which you must abide by certain conditions. If you fail to comply with these conditions, the judge may revoke the probation. If you qualify for the restricted license, you have to install an ignition interlock device in your vehicle for three years. Your criminal record for the next ten years will indicate you are a convicted felon.
Call A Van Nuys Criminal Lawyer Near Me
A DUI conviction can have devastating effects. The conviction leads to hefty fines and fees. You can also land in prison. The conviction also affects your criminal record, and employment chances increase your car insurance premiums and give you a bad reputation. If you cause serious injury or death as a result of a DUI accident, you also affect the lives and livelihood of the victim.
Therefore, if you are charged with a DUI, you need to enlist the services of a well-experienced criminal lawyer. At Leah Legal, we have years of experience representing clients facing DUI charges. We fight to have your charges reduced. If you or your loved one is facing a DUI charge in Van Nuys, CA, do not hesitate to call us today at 818-484-1100 for a free consultation.