Orange County Misdemeanor DUI Attorney

In California, a misdemeanor DUI is the criminal offense of operating a motor vehicle under the influence of drugs or alcohol. For drivers over the age of 21, a blood alcohol concentration of 0.08% or higher is enough to have you arrested for DUI. For drivers operating commercial vehicles and people on DUI probation, the limit is 0.04%. Drivers under the age of 21 can be convicted of DUI if they have a BAC of 0.01%

DUI is charged as a misdemeanor unless:

• You have 3 prior DUI convictions in the past 10 years
• You have 1 prior felony DUI conviction
• You cause an accident while under the influence that results in great bodily harm or death to another person

What Does a Misdemeanor DUI Conviction Lead To?

In Orange County, a conviction can lead to jail time of up to 180 days before enhancements. Your license will be suspended, you will need to attend a drug and alcohol education class for several months, you will need to pay fines and penalty assessments, and you will likely be put on some form of probation.

Do not let the term "misdemeanor" fool you— these crimes have severe ramifications and are relentlessly prosecuted across the state.

Misdemeanor DUI California Penalties

The penalties for misdemeanor DUI become gradually more severe with each subsequent conviction you accumulate in a 10-year period. Your fourth DUI conviction will likely be charged as a felony; however, it is technically considered a wobbler and can therefore be charged as a misdemeanor at the prosecutor's discretion. 

First Misdemeanor DUI

The penalties for your first misdemeanor DUI conviction typically include the following:

• Up to 6 months in jail
• Fines of up to $1,000, plus penalty assessments
• Suspension of your driver's license for 6-10 months
• Informal probation for 3-5 years
• Attendance of a DUI program, often referred to as "DUI school" 

Second DUI in 10 Years

A second DUI in 10 years can penalize you with the following: 

• 96 hours to 1 year in jail
• Fines of up to $1,000, plus penalty assessments
• A 2-year suspension of your driver's license
• Informal probation
• DUI school

Third DUI in 10 Years

A third conviction in 10 years can lead to: 

• 120 days to 1 year in jail
• Fines up to $1,000, plus penalty assessments
• A 3-year suspension of your driver's license
• Informal probation for 3-5 years 
• DUI school

Fourth DUI

If your fourth DUI is charged as a misdemeanor, you could face:

• 180 days in jail
• Fines up to $1,000, plus penalty assessments
• Revocation of your driver's license for 4 years
• Probation
• DUI school
• Designation as a Habitual Traffic Offender for 3 years

Being designated as a habitual offender ultimately means that any subsequent traffic violations will result in additional jail time, fines, and probation. Other potential consequences are either case-specific or the result of negotiating your sentence, such as installing an ignition interlock device in your vehicle. 

What are Aggravating Factors For a Misdemeanor DUI? 

An aggravating factor is any condition or circumstance that increases the seriousness of a crime. In California DUI cases, common aggravating factors include impaired driving with a child younger than 14 in the vehicle, causing great bodily injury or death to at least one person, and excessive speeding, all of which add mandatory jail time to a sentence. 

Refusal to take a breathalyzer, blood, or urine test following an arrest is also an aggravating factor, the penalty for which is the immediate suspension of your license for one, two, or three years depending on the specifics of your case. 

Contact Braden & Tucci today to get started on your defense with our misdemeanor DUI lawyer in Orange County.