California Felony DUI Penalties

According to the DUI laws in the state of California, a DUI offense can either be a misdemeanor or a felony. Any person found operating a motor driven vehicle under the influence of alcohol, drugs or both is arrested against DUI charges.  A blood alcohol concentration of .08 percent or more prohibits anybody to drive a vehicle as the alcohol content in the blood stream impairs the physical and mental abilities of any individual.

A Felony Charge

A first, second or third conviction for DUI, where no injury or death has taken place, falls under the category of a misdemeanor. A DUI offense can be considered a felony under any of the three following scenarios:
1. the person charged with DUI has previous DUI felony charges against him or her.
2. there was death or bodily injury of another person apart from the driver.
3. the offender gets charged for the fourth time within a time period of ten years.

In order to read in detail about the laws stating the situations of DUI causing bodily injury visit http://www.dmv.ca.gov/pubs/vctop/d11/vc23153.htm.

Fines and Penalties

Any DUI offense in the state of California is punishable by fines and penalties such as serving a jail sentence and deprivation of privileges such as the driver’s license. The nature of the penalties remain the same, but the intensity is much more in case of a California felony DUI. The punishments are understandably harsher for an offense more severe. Any person convicted for the fourth time is punishable in the following manner:

* A prison sentence in California state prison or in a county jail for at least 180 days and for as long as one year.
* A fine of at least $390 and at most $1000 is imposed on the offender.
* The convicted loses his or her right to drive a vehicle. He or she will have the driver’s license revoked by the Department of Motor Vehicles.

Go to http://www.dmv.ca.gov/pubs/vctop/d11_5/vc23550.htm to learn about it in detail.

People convicted of DUI who have previous DUI records within the last ten years are also punishable under California felony DUI laws. The driver’s license of the convicted person is suspended for a duration of four years. The offender may be granted a restricted license after one year of suspension on request. In order to obtain a restricted license, the offender needs to produce a SR22 certificate. SR22 insurance, also known as a “California Proof of Insurance Certificate”, is issued by the Department of Motor Vehicles as a proof  that the convicted has minimum liability coverage. While a minimum of $15,000 of liability is mandatory in the State of California for cases involving death or injury of one person, the amount increases to $30,000 in cases where more than one death or injury are involved. In case of property damage, the amount is relatively low at $5,000. In order to know more about insurances you may visit insurance.ca.gov.

In addition to the penalties mentioned, it is mandatory for the convicted to install an ignition interlock device (IID) in his or her vehicle. An ignition interlock device is programmed in such a manner that it does not allow the vehicle to start if the driver is under the influence of alcohol or drugs or both. The driver is required to breathe into the device. If the IID registers an alcohol content of .08 per cent or more in the blood, the car does not start.

The convicted must also undergo a full-fledged program on DUI. These are specially designed to motivate the offenders to be sober while driving. In addition to the information provided, you may copy the following links to visit the respective websites for additional information:
http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffvr18.htm
http://www.dmv.ca.gov/pubs/hdbk/actions_aps_court.htm
http://www.dmv.ca.gov/pubs/dui/reportability.htm.