Most people in California who are driving under the influence of alcohol or drugs are arrested and charged with violations of Vehicle Codes 23152(a) and 23152(b). However, an intoxicated driver can also be charged with violations of Vehicle Codes 23152(c) through (e).
There are seven types of DUIs that can be charged in the state of California, each dependent on the facts and circumstances of the case. If you have been arrested or charged with a DUI, contact the Law Offices of Christopher J. McCann at 714-294-0568 today.
7 Types of California DUIs
There are 7 types of California DUIs that can be charged under state law as follows:
- Statute 23152(a)
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
- Statute 23152(b)
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
- Statute 23152(c)
(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle.
- Statute 23152(d)
(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
- Statute 23152(e)
(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense.
- Statute 23152(f)
(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
- Statute 23152 (g)
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
Types of Charges in California DUIs
Using the above statutes, California District Attorney Offices can charge the following types of criminal offenses with respect to driving under the influence in California.
First Offense DUI
For a first drunk driving arrest, a person will be charged with a First Offense DUI. Penalties can include up to six months of jail time, up to $1,000 in fines, suspension of a driver’s license, and a possible interlock ignition device required for any vehicle the driver uses.
“Wet Reckless” Driving
A District Attorney Office can oftentimes reduce the charges for a DUI to Reckless Driving with Alcohol Involvement, commonly known as a “wet reckless.” This charge does not involve any mandatory jail time, and any possible fines, educational classes, or probation may be reduced. Typically, there is no suspension of a driver’s license. While this charge still counts on your record as a first offense, if there are any subsequent DUIs, contacting an experienced defense attorney can help you work with the prosecution to reduce your charge to a “wet reckless.”
If you are arrested for a second DUI within 10 years of your first DUI, you will be charged with the misdemeanor offense of a Section DUI. Penalties can include mandatory jail time from 10 days to one year, a suspended driver’s license for two years, educational classes, fines up to $2,000, and a possible interlock ignition device required for any vehicle the driver use
Being arrested for a third DUI within 10 years of the first is still a misdemeanor offense but includes mandatory jail time from 120 days to one year, fines up to $3,000, revocation of a driver’s license for three years, educational classes, and a possible interlock ignition device required for any vehicle the driver uses.
If you are arrested for a fourth DUI within 10 years of the first, it is treated in the state of California as a felony DUI.
A felony DUI happens in one of three cases: a fourth DUI; a DUI after a prior felony DUI conviction; or if the DUI caused injury or death. This felony offense carries with it a minimum of 180 days of jail time, $3,000 or more in fines, driver’s license revocation for four years and educational courses. This felony conviction will remain on a person’s permanent record. Additionally, if a DUI causes an injury, then it can result in 10 years in prison, up to $5,000 in fines, and compensation paid to the injured parties.
If a person holds a commercial driver’s license and is arrested for a DUI, different standards apply. The blood alcohol concentration is lowered to 0.04 for an arrest, and while the penalties are the same as for a first DUI, it can include loss of the commercial driver’s license (CDL) for a minimum of one year. Any subsequent DUIs can permanently revoke the commercial driver’s license.
Under Age 21 DUI
This type of DUI is different than other DUI charges because a driver is technically not old enough to even possess alcohol. There is a zero-tolerance policy in the State of California regarding underage drinking and driving. These charges can be coupled with other charges such as a minor in possession or using false identification to obtain alcohol. Penalties can include a one-year suspension of a driver’s license, and possible probation, fines, and even jail time.
Contact an Experienced Santa Ana DUI Attorney Today
If you have been arrested or charged with any kind of DUI in California, Santa Ana DUI Attorney Christopher J. McCann, will review all of the evidence in your case and identify your strongest defenses. Contact us at 714-294-0568 or online today.