Types of DUI Charges

Types of DUI Charges

At Hurwitz Law Group, our Los Angeles criminal defense attorneys understand that facing DUI charges can be overwhelming. In California, DUI charges come in various forms, and the penalties can differ significantly. Consequences may include fines, license suspension, or even jail time, depending on the specifics of the case. Whether you've been charged with DUI involving alcohol or drugs, we're committed to supporting you through this difficult period and advocating for your rights at every turn.

When you're charged with a DUI, knowing exactly what you're up against is the first step toward building a strong defense. The specifics of your case—from your blood alcohol concentration to whether this is your first offense—will shape both the charges and potential outcomes.

Understanding DUI Charges in California

California has a strict stance against driving under the influence. The state has some of the strictest DUI laws in the country, designed to keep roads safe and discourage impaired driving. As defense lawyers who specialize in these cases, we see firsthand how these charges can impact lives.

The California Vehicle Code outlines various DUI offenses, with penalties that become increasingly severe based on factors like prior convictions and whether injuries occurred. A DUI conviction can affect not just your freedom but your job prospects, insurance rates, and personal relationships.

What Constitutes a DUI Offense?

Driving under the influence (DUI) occurs when an individual controls a motor vehicle while impaired by alcohol or drugs. According to California Vehicle Code Section 23152, it is against the law to operate a vehicle while under the influence of any substance that compromises your ability to drive safely. This includes prescription drugs, over-the-counter medications, and illicit substances.

You might be surprised to learn that you can be charged with a DUI even if your driving didn't seem impaired. If tests show alcohol or drugs in your blood, that's enough for a DUI charge. For alcohol specifically, if a person's blood alcohol concentration surpasses the legal threshold, they may face charges, irrespective of their perceived driving competence.

The Legal Limit for Driving Under the Influence

For most drivers in California, the legal blood alcohol content limit is 0.08%. If you're found driving with a BAC at or above this level, you can be charged with a DUI—even without other signs of impairment.

The limits are even stricter for certain groups. Commercial drivers of any commercial motor vehicle must adhere to a stricter limit of 0.04%, whereas drivers under 21 are subject to California's zero-tolerance policy, which sets their limit at 0.01%. These lower limits reflect the greater responsibility of commercial drivers and the state's stance against underage drinking and minors who possess alcohol or any alcoholic beverage.

Common Types of DUI Charges

Common Types of DUI Charges

There are several types of DUI charges, each with its own set of penalties and long-term consequences. Understanding these distinctions is crucial when developing your defense strategy.

First Offense DUI: What You Need to Know

For many people facing DUI charges, this is their first drunk driving arrest. A first DUI typically results in:

  • Fines ranging from $390 to $1,000 (plus court costs)
  • Driving privileges are restricted or suspended for six months
  • Mandatory DUI school (typically a three-month program)
  • Possible jail time of up to six months
  • Community service requirements
  • Other penalties like increased insurance premiums

While these penalties are serious, they're less severe than those for repeat offenders. As your defense attorneys, we'll work to minimize these consequences whenever possible. For those facing their first offense, we can explore options such as negotiating a "wet reckless" plea for reckless driving or assisting you in pleading guilty to lesser charges.

Felony DUI: When a DUI Becomes a Felony

Most first-time DUIs are charged as misdemeanor offenses. But certain circumstances can elevate a DUI to a felony offense, including:

  • Causing bodily injury or death to another person (which may lead to vehicular homicide or manslaughter DUI charges)
  • Having three or more prior DUI convictions within a 10-year period
  • Having a prior felony DUI conviction

A felony DUI conviction carries much harsher penalties, including significant prison time, substantial fines, and a permanent criminal record. You'll also face a revoked license for an extended period. These increased penalties are why you need experienced defense lawyers who understand how to fight these serious charges.

Commercial DUI: Charges for Commercial Drivers

If you drive for a living, a DUI charge threatens not just your license but your livelihood. Commercial drivers face:

  • A lower legal BAC limit of 0.04%
  • Mandatory reporting to employers
  • A one-year commercial driver's license suspension for a first offense
  • Lifetime disqualification from commercial driving for a second offense

The stakes are especially high in these cases. We understand the unique challenges commercial drivers face and can help protect your career and future.

Aggravating Factors in DUI Charges

Certain elements can make DUI charges more serious, leading to enhanced penalties and stricter sentencing.

DUI with Bodily Injury: Serious Consequences

If your DUI incident results in injury to another person, you could face:

  • Felony charges with state prison sentences
  • Strike under California's Three Strikes law
  • Restitution payments to injured parties
  • Significantly increased fines

These cases often involve accident reconstruction experts and medical testimony. Our team works with skilled investigators to challenge these aspects of the prosecution's case.

Child Endangerment DUI: Enhanced Penalties

Operating a vehicle while intoxicated with a child passenger can result in an added offense of endangering a child. This can result in:

  • Additional jail time beyond standard DUI penalties
  • Mandatory child endangerment classes
  • Involvement of child protective services
  • Possible impact on custody arrangements

We fight to protect not just your freedom but your family relationships when facing these complex charges.

Repeat DUI Offenses

Repeat DUI Offenses

California imposes escalating penalties for repeat offenders, with each subsequent DUI carrying more severe consequences than the last.

Second and Third DUI Offenses: Escalating Penalties

For a second DUI within 10 years, penalties typically include:

  • Mandatory jail time (96 hours minimum)
  • License suspension for two years
  • A longer DUI school program (18 or 30 months)
  • Compulsory installation of ignition interlock device in your car

A third DUI offense increases these penalties further:

  • Mandatory jail time (120 days minimum)
  • License suspension for three years
  • 30-month DUI school program
  • Designation as a "habitual traffic offender"

The prosecution pushes harder for maximum penalties with each prior DUI. Our defense strategies adjust to account for your specific history and circumstances.

Fourth DUI: Felony Charges and Long-Term Consequences

A fourth DUI within 10 years is charged as a felony in California, regardless of whether anyone was injured. Penalties include:

  • Up to three years in state prison
  • Four-year license revocation
  • Substantial fines and fees
  • Loss of certain civil rights that come with a felony conviction

At this stage, the courts view the offense pattern as a serious public safety risk. Our approach focuses on both legal defenses and addressing any underlying issues to demonstrate rehabilitation potential.

Contact a Los Angeles DUI Attorney for a Free Consultation

Contact a Los Angeles DUI Attorney for a Free Consultation

If you're facing any type of DUI charge in Los Angeles, time is critical. The choices you make today shape both your case and the future ahead.

At Hurwitz Law Group, we leverage our extensive experience to defend clients facing a wide range of DUI charges. From contesting evidence of alcohol involvement to raising doubts about whether you were genuinely impaired by alcohol or drugs at the time of your arrest, we possess the expertise and insight to advocate for the most favorable outcome in your case.

Don't face these serious charges alone. If you've been charged with DUI, call us today for a free, confidential consultation about your case. Your future is worth fighting for, and we're ready to stand by your side.

Get A Free Consultation


    Required Fields *

    Meet The Lawyer
    Brian Hurwitz
    Founding Attorney
    What Makes Us a Trusted Choice?

    Brian Hurwitz Has 10+ Years of Criminal Defense Experience

    Our Firm Is Top-Rated & Award-Winning

    Affordable Fees and Payment Plans

    We Are Available 24/7 for All Clients
    Thousands of Cases Handled

    We Offer No-Cost, Confidential Phone Consultations

    Contact Us
    If you or a loved one needs the assistance of our criminal law attorneys, please feel free to contact in the way that is most convenient to you, whether that is calling us at 323-244-4147 or completing the contact form below. All fields are required.


      Required Fields *

      chevron-down