A DUI sentence in California has several criminal and collateral consequences depending on your preceding criminal record and the case’s facts. After a conviction, your life could become more demanding because of unforeseen challenges like obtaining employment and adequate housing. Whether you are a 1st time or repeat offender, the consequences are severe.

Understanding DUI in California

In California, it is unlawful to operate a motor car while drunk or drugged or with a blood alcohol concentration (BAC) of .08% or more. For purposes of this statute, under the influence refers to the drug, alcohol, or both that you have ingested that have impaired your mental and physical abilities.

Some motorists are subject to more stringent BAC standards than others. For instance, if you are a commercial license holder, driving with a BAC of at least .04% could result in DUI charges. Again, for underage motorists, the zero-tolerance rule applies. If you are aged 21 or younger, driving a car with a BAC of 0.1% could result in criminal charges and subsequent penalties upon conviction.

Consequences of a DUI Conviction

A DUI conviction, like most felonies, attracts criminal sanctions like jail or prison terms and strict penalties. A conviction in San Jose might as well have other consequences like driving privileges revocation. Additionally, you must be aware of other unforeseen or collateral consequences.

Criminal Consequences

A DUI sentence in California entails a variety of maximum penalties as provided by the Vehicle Code. The strictness of the punishments surges with each prior sentence. Discussed below are the penalties of each conviction:

  1. DUI First Offense

When the court finds you guilty for operating a motor car under the influence for the first time, the possible penalties include:

  • Informal or misdemeanor probation for no more than thirty-six months
  • A possible jail term of no more than half a year
  • Court-imposed monetary fines ranging from US dollars 390 to 1,000
  • Mandatory nine months of a court-imposed DUI school program
  • The judge presiding over the case will issue instructions requiring you to install an Ignition Interlock Device (IID) for up to six months to allow you to drive freely with no restriction. Otherwise, you risk losing your driving privileges for half a year, which could be changed into a restricted license. You can drive to work, DUI School, or school with a restricted license.
  • Work release

Note that when the judge imposes probation with little or no jail time. However, when granting probation, the court determines conditions that you must abide by like:

  • You should not operate your vehicle while you have any blood alcohol concentration
  • You should not engage in any infringement during the probationary term
  • You are required to install an IID gadget in your car for up to half a year

When you breach any of these terms, the probation will be revoked, and you will be sent to jail to serve the original jail sentence provided by the law.

  1. DUI Second Offense

If you have been previously sentenced for drunk driving, you probably wonder how your first conviction is different from the second one. There is no definite reply to this problem because the penalties for a 2nd DUI depend on the case’s nature. Nevertheless, after the court finds you guilty of drinking and driving for the second time within ten years, some of the penalties you should expect include thirty-six months of informal misdemeanor probation. Besides, you could be subject to maximum jail incarceration for twelve months and a requirement to pay no more than $1,000 in court fines plus another $1,000 penalty assessment fee.

And because being a repeat offender for drinking and driving might be a sign of an alcohol or drug problem, the judge handling your case might sentence you to a DUI School. The drug treatment program lasts for thirty months, and enrolling in one requires you to dig deeper into your pockets, which might dent your bank accounts.

Also, when convicted, the court will suspend your driver’s license for two years. Twenty-four months is a long time to be without a license, so the law allows you to apply for a restricted license that only allows you to drive to designated areas after one year. Additionally, during the suspension of your driving rights, you can install an IID in your car for one year. The Breathalyzer device detects alcohol in your breath when you enter your vehicle, preventing it from starting when it detects any alcohol percentage in your breath.

  1. Drunk Driving Third Offense

Drunk driving is a priorable offense, meaning a previous conviction affects the penalties of a subsequent sentence. The penalties increase with every subsequent DUI sentence or wet reckless if it happens within ten years. Therefore, the third sentence for drinking and driving attracts more severe punishment than the first and second DUI sentences.

Usually, the judge in charge of your case will sentence you to as much as twelve months in jail and a possible monetary court fine and penalty assessment fee of no more than $3,000. Again, instead of sending you to jail for twelve months, the court can grant summary probation ranging from thirty-six to sixty months. Additionally, the court will require you to install an IID in your motor car for two years after your driver’s license suspension. Note that for a third drunk driving offense, the license is suspended for as much as three years, although nowadays, you are eligible for a restricted license after eighteen months into the suspension.

Last but not least, the court will require you to enroll in a DUI School where you undergo alcohol or drug treatment for thirty months.

  1. Drunk Driving Fourth Offense

When convicted for this offense, you face a sixteen, twenty-four, or forty-eight months sentence as well as monetary court fines ranging from $390 to $1,000. Also, the court will designate you as a habitual offender, which might have far-reaching consequences on many aspects of your life.

  1. Drunk Driving With Injury

According to VC 23153, DUI with injury occurs when you operate a car while impaired, thus engaging in negligent conduct that causes another person to sustain injuries. This offense can be charged as a felony or misdemeanor based on your first or second offense within ten years and the circumstances surrounding your case. Keep in mind that a 3rd DUI with injury is a felony offense.

You will face no more than a year in jail when charged and sentenced with misdemeanor DUI with injury. Additionally, the court will require you to serve a mandatory five days in jail. Consequently, the judge will sentence you to summary probation for a duration not exceeding five years, as well as payment of court-imposed monetary fines ranging from $390 to $5,000. Further, the court will instruct you to enroll in an alcohol or drug treatment program for 3, 9, 18, or 36 months. Also, they will withdraw your driving privileges for 12 or 36 months and a requirement to pay victim restitution for the damages resulting from the injuries.

On the other hand, when the offense is charged as a felony and the ruling is not in your favor, you will face no more than four years in prison. Nonetheless, the sentence will be enhanced to between three to six years prison incarceration if the victim of your negligence sustained severe injuries. However, the sentence enhancement does not exceed three years if the victim sustained any injury. Also, you will add a strike on your record if any other person apart from you sustains harm. The prison sentence aside, you will be required to part with no more than $5,000 in court fines and enroll and complete a 30 months alcohol treatment program. Additionally, you will be without your driver’s license for at most five years and maintain a habitual offender status for thirty-six months.

  1. Underage Drunk Driving

When you are underage, and you violate the zero-tolerance rule, you will be punished by suspension of your driving privileges for no more than twelve months if you are a first-time offender. However, if you are a repeat offender, you will face license revocation for two to three years.

  1. Commercial Drunk Driving

When sentenced for commercial DUI as a first-time offender, you face misdemeanor probation for no more than thirty-six months, jail incarceration no more than half a year, and up to $2,000 in court fines and penalty evaluation fees.

Similarly, you will enroll in a DUI school for three months and a possible commercial license (CL) suspension for twelve months. Note that if you are a second offender, a conviction for this offense will a

  1. Aggravated Drunk Driving

When particular facts or circumstances are present in your case, they enhance the DUI penalties, regardless of the number of prior offenses. Drunk driving with a minor aged 14 or younger will result in compulsory forty-eight hours, ten days, and thirty days in jail for a first, second and third DUI, respectively. If the DUI arrest occurred in a construction and safety enhancement zone, a conviction would double the fine for drunk driving. Also, when a DUI causes injury or death, you will face twelve or thirty-six months in jail when sentenced.

Collateral Consequences

Beyond the criminal penalties, a DUI sentence can have serious ramifications to your family and reputation among colleagues and friends. The common collateral ramifications are:

Job Loss

A drunk driving sentence, especially one that involves serving jail or prison time, could see you lose your job when you skip work for multiple days. Many businesses in San Jose adopt a zero-tolerance policy when dealing with DUI cases. While you should be recognized as innocent until proven otherwise, your employer will relieve you of your duties when found guilty of drinking and driving.

The consequences of a sentence go beyond your current job. Employers run background checks on prospective workers, and you might find it challenging to obtain employment with a DUI conviction record. This is true, especially in professions where ethics are screened. After a job loss, your wages and capacity to pay bills are lost, denying the ability to provide a quality life for you and your family.

Finding Adequate Housing Becomes A Problem

Do not assume that only employers run background checks. Landlords do the same on potential tenants before allowing you to sign a lease or rental agreement. Therefore, when you are an offender and wish to lease an apartment, finding a landlord willing to lease becomes a problem. Further, obtaining a mortgage becomes a problem.

Security Clearances

If you are a state or a federal government employee, you require security or criminal clearance. You can only obtain one after detailed background checks, which divulge or highlight any criminal record in the past. When you have a DUI conviction on your record, it can complicate the job qualification process or rule you out of security clearance completely.

You will not be precluded from every criminal clearance because you have a drunk driving conviction. It depends on the position you seek and the level of security clearance required for the job. Nonetheless, having a conviction record is likely to affect the process adversely.

Even if you are not ruled out of the position you seek, it might be necessary to defend your DUI charge, prove you never committed the offense, or show that even if you were convicted, the conviction happened more than ten years ago. You will need a criminal attorney to guide you through this process because they understand the requirements for acquiring criminal clearance.

Loss of Professional License

Indeed, almost every profession that requires the issuance of a state professional license is governed by administrative rules that make it impossible or challenging for a person convicted of a DUI to obtain a license. This is true, especially when you are serving your DUI probationary term. Some of the professionals that require license issuance before starting a practice are; lawyers, nurses, doctors, teachers, realtors, dentists, architects, veterinarians, engineers, commercial drivers, Pharmacists, and accountants.

If you already hold a license in any of these professions, a conviction for DUI can result in the loss of the license. Also, when planning to apply for the license, having a record will deny the license, even for something as simple as a real estate license.

Loss of Custodial Rights

The issue of child custody is a serious one, and often, the court considers what is best for the child, even security-wise. Therefore, when seeking custody, the court is likely to assess your criminal history and that of your spouse. Although a drunk driving conviction will not rule you out completely, it will be considered in the final decision.

Nevertheless, even if your custody rights will not be revoked right away, if your record shows you have a substance or alcohol addiction problem, the conviction will have severe adverse effects on the matter. When the court discovers you have a drug or alcohol abuse issue, the court will be unwilling to entrust you with the child as their security in your hands will be a concern.

Otherwise, to obtain custody, you must demonstrate to the court that you no longer have a substance or alcohol dependency issue. You can do this by tabling evidence of completing an alcohol or substance treatment program and even results from a drug test to show you have been clean for a long time. That way, you will relieve the court of its concern regarding the child’s safety in your hands.

Obtaining a Loan

A criminal record for a DUI sentence will raise many concerns among financial entities, banks or loan firms when seeking a loan, making it impossible or challenging to obtain one. Before issuing loans, lenders consider the possibility of repayment. If you have a criminal record, the lender will assume that your risk of default is high, reducing the chances of loan issuance.

Similarly, obtaining a car loan will be a huge problem because most loan lenders or financial institutions use your car as collateral. Even if you quit drinking after your first DUI conviction, you will still be considered a risk to the motor car because of the record, and this could be the basis of being denied the loan. Also, when seeking out a loan to purchase a vehicle, a criminal history will make the lender more reluctant to issue the money.

Your Career Will be Impacted Negatively

Learning institutions like universities and colleges run criminal background checks before admitting students to keep the campus environment safe. A drunk driving conviction stays in your record, meaning these institutions will come across your record when doing background checks, which will negatively impact your chances of admission. If you are already admitted, a criminal record could result. Even a DUI sentence could result in expulsion, adversely affecting your career.

Find a San Jose Criminal Lawyer Near Me

A drinking and driving charge in San Jose could have serious unanticipated ramifications that could influence your daily life. Luckily, with the help of legal professionals, you can contest the charges and minimize the criminal and collateral consequences of a sentence of your future. So, if you face a DUI charge, we invite you to speak to our profound lawyers at California Criminal Lawyer Group to help fight the charges. Reach out to us today at 408-622-0204 to arrange a meeting.