Is a DUI a Misdemeanor in California?
In California, a DUI (Driving Under the Influence) can be either a misdemeanor or an infraction, depending on the specific circumstances of the case.
Misdemeanor DUI:
A misdemeanor DUI is charged when a person’s Blood Alcohol Concentration (BAC) is above 0.08%, and it is their first or second DUI offense. Misdemeanor DUIs are considered criminal offenses and are punishable by up to six months in jail, up to $1,000 in fines, and a four-year driver’s license suspension.
Here are some key factors that can result in a misdemeanor DUI:
• First-time DUI offense with a BAC above 0.20%: In this scenario, the court may choose to file a misdemeanor complaint, resulting in a possible jail sentence.
• Second DUI offense: Regardless of BAC level, a second DUI offense is typically filed as a misdemeanor.
• Refusal to submit to a breath or blood test: Refusing to take a DUI test can lead to a misdemeanor charge, as well as increased penalties.
Infraction DUI:
An infraction DUI is charged when a person’s BAC is below 0.04%, or if they are under the influence of a drug and are arrested for a first-time DUI offense. Infraction DUIs are considered administrative offenses, and penalties are less severe.
Here are some key factors that can result in an infraction DUI:
• First-time DUI offense with a BAC below 0.08%: If a person’s BAC is below 0.08% and it’s their first DUI offense, the charges may be reduced to an infraction.
• Under the influence of drugs: If a person is arrested for a DUI but their BAC is below 0.08% and they are deemed under the influence of drugs, the charges may be filed as an infraction.
• Minor DUI: A person under the age of 21 can be charged with a minor in possession (MIP) if they have a BAC above 0.01%, and the charge is typically filed as an infraction.
Table: DUI Charges in California
| Misdemeanor DUI | Infraction DUI | |
|---|---|---|
| BAC Level | > 0.08% (first/second offense) | ≤ 0.04% (first-time offense) |
| Under the influence of | Not specified | Drug-related or below 0.04% BAC |
| First-time offense | Not specified | Below 0.08% BAC |
| Second-time offense | Regardless of BAC | N/A |
| Refusal to submit to test | Possible | Possible |
| Jail sentence | Up to 6 months | None |
| Fines | Up to $1,000 | N/A |
| Driver’s license suspension | Up to 4 years | 1 year |
Other Important Facts:
- **Felony DUI: If a person’s DUI causes serious injury or death, the charge can be upgraded to a felony, resulting in a state prison sentence.
- **Penalties for Repeat Offenders: Repeat DUI offenders can face increased penalties, including extended jail time, higher fines, and longer driver’s license suspensions.
- **Expungement: DUI convictions can be expunged, which means they are essentially erased from the person’s criminal record, but not from the California Department of Motor Vehicles (DMV) record.
In conclusion, whether a DUI is a misdemeanor or an infraction in California depends on the specific circumstances of the case. Understanding the key factors and penalties can help individuals facing DUI charges navigate the legal process more effectively. If you have any questions or concerns about your DUI charges, it’s essential to consult with a qualified criminal defense attorney who is familiar with California’s DUI laws.
