The consequences for a DUI are sometimes harsh, and many factors affect the penalties.
In California, the prosecutor may prosecute a DUI with injury as a misdemeanor or a felony, and the penalties are significantly different.
Misdemeanor DUI with injury
The possible penalties for a misdemeanor DUI with injury include:
- Financial restitution for anyone injured
- Up to one year in jail
- Installation of an ignition interlock device for six months
- Driver’s license suspension for up to one year
- Probation for three to five years
- DUI school or alcohol education classes
- A fine of up to $5,000
The leniency and severity of the penalties depend on the details of the case. For example, if the offender has a history of DUI charges, the penalties are more severe.
Felony DUI with injury
The possible penalties for a felony DUI with injury include:
- Financial restitution for anyone injured
- A prison sentence for as much as 10 years
- Ignition interlock device installation for up to three years
- License suspension for three years
- A fine of up to $5,000
- Alcohol or drug treatment or education program of up 30 months
The severity of the injuries affects the prison term. More severe injuries may result in a longer term.
California law states that a fourth DUI within 10 years is automatically a felony DUI even without injury. Sometimes judges are more lenient, depending on the circumstances. They may use community service or electronic monitoring in place of jail time, particularly in cases of first-time offenders with a charge fo DUI with injury.