First Offense

You may face a misdemeanor charge if this is your first time charged with a DUI. These charges may come with the following penalties:

• 96 hours to six months in county jail
• Fines of up to $2,000
• Up to five years of summary probation
• License suspension for six months

Second Offense

If you already have a DUI on your record within the past 10 years, avoiding the penalties and protecting your license can be harder. Below are the penalties you may face for a second DUI conviction in California:

• 96 hours to 364 days in county jail
• Fines up to $2,000
• Up to five years of summary probation
• License suspension for two years

Third Offense

Multiple DUI convictions on your record can lead to harsher penalties, especially if you have been labeled a habitual traffic offender.

You may face the following penalties for a third DUI conviction in the past 10 years:

• 120 to 364 days in county jail
• Up to $2,000 in fines
• Five years of summary probation
• Habitual traffic offender designation
• License suspension for three years

Fourth and Subsequent Offenses

For fourth DUI convictions (and more) in the past decade, you may face the following penalties under California law:

• Five years of summary probation
• Up to $2,000 in fines
• 180 to 364 days in county jail
• Habitual traffic offender designation
• License suspension for four years

The days, weeks, and months after you get a DUI in California can be confusing. The team at Elite Criminal Defense understands that you’re probably filled with questions and extremely concerned about your future.

We’re here to help. You can always give us a call to schedule a consultation to discuss your case, but in the meantime, check out the answers to some frequently asked questions about DUI charges below.

Can I get probation instead of jail?

Probation is sometimes offered to those who may otherwise face some time behind bars. However, keep in mind that probation agreements follow strict rules, and any mistakes can lead to you facing harsh punishments, sometimes including your original sentence.

A qualified attorney can help you understand whether probation may be an option in your particular DUI case.

Will I lose my driver’s license?

In most cases, your driver’s license is not gone forever if you are convicted of a DUI. It may be suspended for months or even a year, depending on how many convictions you have on your record.

However, there are cases where your license may be revoked. Multiple offenses or aggravating factors can lead to a higher severity of your charges and revocation of your driving privileges.

Will my auto insurance rates go up?

Your auto insurance rates are likely to skyrocket if you are convicted of a DUI and the insurance company knows about it. But if the DUI you’re charged with (and ultimately convicted of) didn’t involve an auto accident, you may not be required to tell your insurer about the DUI.

If the insurance company does find out about a DUI on your record, they are likely to increase your rates significantly. And those higher premiums can last for years.

Speak with a lawyer about your obligations (or lack thereof) to notify your insurance company following a DUI charge or conviction.

Are there immigration consequences?

Often, immigrants who are convicted of certain crimes face an additional possible penalty. That penalty is deportation.

However, misdemeanor DUIs do not appear to trigger deportation proceedings in most cases. With that said, it’s still important to speak with an experienced criminal defense attorney if you are an immigrant who has been charged with any sort of crime and are worried about your immigration status.

Can the criminal record be expunged?

Expungement is the removal of an offense from your record. California often allows those who have completed probation for a misdemeanor DUI to seek expungement.

If your expungement is successful, employers won’t be able to use your prior DUI against you when evaluating you for hire or promotion.

However, if you get another DUI within a decade of your now-expunged DUI, the expunged DUI will still count as a past offense. That means you may face harsher penalties for the second DUI charge you’re now facing.

How does a DUI affect professional licenses?

If you hold a professional license of some sort, a DUI can have profound effects on your career. You may be required to report your DUI conviction to a licensing board in your industry. And the conviction could lead to the suspension or revocation of your license.

Of course, that means you can’t work in your field either temporarily or permanently. That’s your livelihood at stake. Don’t risk your livelihood — reach out to an experienced attorney to discuss the potential professional implications of a California DUI and how to avoid them.