Is a DUI a Criminal Charge in California?

A DUI may be charged as either a misdemeanor or felony offense.

Is a DUI a Criminal Charge in California?

There is a misconception among some Californians that driving under the influence of alcohol and/or drugs (DUI) is a traffic violation, rather than a criminal offense. While the Department of Motor Vehicles (DMV) is involved in DUI cases, a DUI is a criminal offense in California.

The confusion likely arises from the fact that there are two separate processes in a DUI: administrative and criminal. As a DUI lawyer in Los Angeles County, CA can explain, after you are arrested for a DUI, the California DMV will move to administratively suspend your driver’s license. Separately, a prosecutor will charge you with the crime of driving under the influence.

All forms of DUIs, including driving under the influence of drugs, drunk driving, and underage DUI, are criminal offenses. Even if it is a first-time offense and nobody was hurt, you will still be charged with a crime.

A DUI may be charged as either a misdemeanor or a felony, depending on the facts of the case and whether you have a history of alcohol-related driving convictions. In most cases, a DUI is a misdemeanor offense. However, if there are special circumstances, such as a person being hurt because of a DUI, it may be charged as a felony. If you plead guilty to a DUI or are convicted of a DUI at trial, it will go on your criminal record. You will also face criminal penalties for your DUI.

The potential penalties for a DUI vary significantly. According to a DUI lawyer in Los Angeles County, CA, a first-time DUI where no one was injured may lead to a driver’s license suspension, up to 6 months in jail, probation, mandatory alcohol education classes and fines and fees. A third DUI offense could be penalized by up to 1 year in jail, a 36 month license suspension, on top of standard penalties such as alcohol education classes, fines, and fees.

Because a DUI is a criminal offense and because the possible consequences for a DUI conviction are so severe, it is important to hire an attorney with experience handling these types of cases. A skilled DUI lawyer in Los Angeles County, CA can work to have the charges dismissed or reduced. They can also negotiate a favorable plea deal with the prosecutor. If the case is not settled or dismissed, your attorney will vigorously defend you at trial, presenting factual and/or legal defenses in an effort to achieve a “not guilty” verdict.

If you have been charged with a California DUI, it is vital that you consult with an attorney as soon as possible. Doing so can help you preserve your legal rights and may lead to a more favorable outcome for your case.

At the Chambers Law Firm, we represent Californians who have been charged with all types of DUIs. We have a track record of success in getting charges dismissed or reduced, winning cases at trial, or otherwise resolving cases for our clients in a beneficial way. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI lawyer in Los Angeles County, CA.

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