What are the criminal penalties for drunk driving?
In California, the criminal penalties for drunk driving depend on the severity of the offense. The state has a tiered approach to punishing drunk driving, with increasing penalties as the severity increases. First-time offenders are typically charged with a misdemeanor. This carries a potential sentence of up to six months in jail, a fine up to $1,000, 3-5 years on probation and a required driver’s license suspension of up to 6 months. A second drunk driving offense within 10 years of the prior offense will be charged as a misdemeanor as well. However, the penalties will be significantly more serious, including up to 5 years in state prison, a fine of up to $5,000 and a driver’s license suspension of up to two years. A third offense can be charged as a felony and punishable by up to 3 years in prison, a fine of up to $10,000 and a driver’s license suspension of up to three years. In addition, the state may order the offender to have an Ignition Interlock Device (IID) installed on their vehicle for up to three years. In some cases, a DUI may be charged as a felony even for a first-time offense. For example, if the DUI involves an injury or death, or if the offender has prior serious or violent felonies on their record, the charge may be increased to a felony. The penalties for a felony DUI are much more severe than those of a misdemeanor DUI, including up to 4 years in prison, up to a $5,000 fine and up to 5 years of driver’s license suspension.
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