Driving under the influence (DUI) is one of the most common criminal offenses in the United States. Many individuals mistakenly believe that DUI is just a traffic violation, similar to running a red light or speeding. However, in most states, including California, DUI is classified as a criminal offense with severe penalties that can have long-lasting legal and personal consequences.
In this in-depth guide, we will explore the legal classification of DUIs, the difference between misdemeanor and felony DUIs, and the long-term implications of a DUI conviction. We'll also discuss expungement options and whether DUI can ever be considered just a traffic infraction.
Is a DUI a Criminal Offense in California?
Yes, DUI is a criminal offense in California. Under California Vehicle Code 23152, it is prohibited to drive under the influence of alcohol or drugs. This applies regardless of whether the offense involves alcohol, prescription drugs, illegal substances, or even marijuana (despite its legal status in California).
Why is DUI a Criminal Offense?
Unlike minor traffic infractions that result in fines and points on a driver's license, a DUI conviction carries criminal penalties, including potential jail time, probation, and mandatory DUI education programs.
California's strict stance on DUIs stems from the potential danger impaired drivers pose to public safety. Even if a driver doesn't cause an accident, merely being caught operating a vehicle under the influence is enough to result in criminal charges.
In California, all DUIs are criminal offenses—even first-time offenses. The only difference is whether they are charged as misdemeanors or felonies, which depends on several factors outlined below.
Is a DUI a Misdemeanor?
In most cases, DUI is classified as a misdemeanor, meaning it carries less severe penalties than a felony but still results in a criminal record. A misdemeanor DUI typically applies to first-time offenders and cases where no one was injured or killed as a result of impaired driving.
Misdemeanor DUI Penalties in California
A first-time misdemeanor DUI conviction in California can lead to:
- Jail time: 3 days to 6 months in county jail
- Fines: Up to $1,000 (excluding court fees and penalty assessments)
- License suspension: Minimum 4-month suspension
- DUI education program: 3 to 9 months of mandatory DUI school
- Probation: 3 to 5 years, including strict conditions such as avoiding alcohol while driving and undergoing random testing
- Ignition interlock device (IID): Required in some cases, restricting the driver from operating a vehicle unless they pass a breathalyzer test
Second and Third DUI Offenses
California has a 10-year lookback period, meaning if you are convicted of a second or third DUI within 10 years, penalties increase significantly:
- Second DUI: 4 days to 1 year in jail, license suspension for 2 years, and 18-30 months of DUI school
- Third DUI: 6 months to 1 year in jail, license suspension for 3 years, and 30 months of DUI school
A misdemeanor DUI may not seem as serious as a felony, but it still leaves a permanent criminal record, which can impact work, housing, and insurance rates.
When is DUI a Felony?
A felony DUI in California carries serious legal repercussions, often leading to significant fines, extended prison sentences, and long-term consequences on a person's criminal record. Unlike a misdemeanor DUI, which typically applies to first-time offenders, a felony DUI is reserved for cases involving repeat offenses, bodily harm, or aggravating factors that elevate the charge.
Multiple Prior DUI Convictions
If you have been convicted of three or more DUIs within the last 10 years, your fourth DUI offense will automatically be charged as a felony under California law. The state considers multiple DUI convictions as a sign of habitual reckless behavior, justifying harsher legal consequences to prevent repeat offenses.
DUI Causing Injury or Death
If a DUI results in an accident that injures or kills another person, it is immediately escalated to a felony offense due to the severity of its consequences. The extent of injuries sustained by victims, as well as the circumstances surrounding the accident, will play a substantial role in assessing the severity of penalties imposed by the court. Felony DUI charges involving injury or death may result in years of imprisonment, victim restitution, and lifelong restrictions on driving privileges.
Prior Felony DUI Conviction
If you have a preceding felony DUI conviction, any subsequent DUI arrest will automatically be classified as a felony, regardless of whether injuries occurred in the incident. California law treats repeat felony DUI offenders with extreme severity, given that prior convictions indicate an ongoing disregard for public safety. A second felony DUI conviction can result in even longer prison terms, harsher fines, and more severe restrictions on driving privileges, making legal representation crucial in such cases.
Felony DUI Penalties in California
- Prison sentence: 16 months to 4 years (longer if someone is killed)
- Fines: Up to $10,000
- License revocation: 4 years or permanently
- DUI school: Up to 30 months
- Permanent criminal record: A felony DUI can affect employment, professional licensing, and housing eligibility
Can an Expungement Help?
Yes, expungement allows individuals to have a DUI conviction removed from their criminal record, helping to reduce the long-term consequences of a conviction. However, expungement eligibility depends on meeting specific legal requirements, such as completing probation, fulfilling court-ordered penalties, and having no pending criminal charges.
An expungement allows you to legally state that you were not convicted of a crime on most job applications, housing forms, and professional licensing documents, helping to improve employment and housing opportunities. However, government agencies, law enforcement, and certain employers, such as those in the military or law enforcement fields, can still access the expunged record, which may affect background checks for specific positions.
Is Drunk Driving Ever Just an Infraction?
In most states, DUI is always a criminal offense. However, a few exceptions exist:
- Some states classify underage DUI (BAC under 0.08%) as an infraction rather than a crime.
- New Jersey and Wisconsin treat certain first-time DUIs as traffic offenses rather than criminal offenses.
- Some states have “DWAI” (Driving While Ability Impaired) charges for drivers with BAC levels below 0.08%, which can be classified as infractions.
In California, every DUI offense is classified as a criminal offense, regardless of the circumstances. Unlike some states that treat certain first-time or low-BAC DUIs as minor violations, California law enforces strict criminal consequences for all DUI cases, including potential jail time, fines, and license suspension.
Will a DUI Give Me a Criminal Record?
A DUI conviction elicits a criminal record that can significantly impact employment, professional licensing, and financial stability. Many employers reject applicants with DUI convictions, and those in fields like healthcare, law, or security may encounter license suspension or revocation, impacting their careers.
Beyond employment, a DUI can make securing housing more difficult, as landlords often conduct background checks. Auto insurance rates increase significantly for DUI offenders, and international travel may be restricted, with countries like Canada denying entry to individuals with DUI records.
How Long Does a DUI Stay on Your Criminal Record?
In California, a DUI conviction remains on your criminal record permanently unless it is expunged through legal proceedings. However, for sentencing purposes, a DUI stays on your driving record for 10 years, meaning any new DUI offense within that period will be treated as a repeat offense with increased penalties. This lookback period allows courts to impose harsher punishments for multiple DUI convictions, including longer license suspensions, higher fines, and extended jail time.
Even after the 10-year period expires, insurance companies and some employers may still consider past DUI offenses when making decisions. Therefore, seeking an expungement is often a crucial step for individuals looking to mitigate the long-term consequences of a DUI conviction.
If you are facing DUI charges, seeking legal representation from a criminal defense law firm in California is crucial. Bulldog Law specializes in DUI defense, helping clients fight charges, negotiate reduced penalties, and seek expungements. Facing a DUI can be overwhelming, but with the right legal defense, you may have options to minimize or dismiss charges and protect your future.