How Serious Is a DUI Conviction?
This is a very common question, as most people tend to think that a DUI is only a minor offense. This is simply not true, as a DUI is a very serious offense that carries with it the possibility of very a very serious criminal sentence. There are three types of crimes in the California criminal justice system:
- Infraction - Any minor offense, which is defined as only having a punishment of a fine. Imprisonment in not a possibility with an infraction. A DUI is not an infraction under any circumstances, as even the most minor DUI involves the possibility of serious jail time. Example of infractions: minor petty theft, disturbing the peace, and urinating in public.
- Misdemeanor - This is the second most serious type of crime in our judicial system. It is any crime wherein the criminal statute allows for jail time as part of the sentencing, along with fines. A DUI is almost always a misdemeanor conviction, as it typically involves a couple days in jail and some serious fines. The maximum sentence for a misdemeanor crime is one year in county jail. Anything longer then one year, would be defined as a felony.
- Felony - This is the most serious type of crime and involves the possibility of incarceration in a state penitentiary. Typically a DUI is not a felony, however there are a few exceptions. A DUI can be a felony if property damage or injury was involved. Furthermore, a DUI can be a felony if you have gotten multiple DUIs in a ten year period.
99% of DUI Convictions Are a Misdemeanor
Most DUIs in California are a misdemeanor crime, which is not as serious as a felony conviction. In most counties you will be required to serve three years of probation, to pay about a $1,500 fine, and to take mandatory classes. However, a few counties (e.g., San Diego) often give a first time offender five years of probation.
It should be noted that you do not always have to wait until your DUI probationary term naturally terminates to initiate the expungement process. It is often possible to terminate your DUI probation early, provided you have completed all of your sentence requirements, allowing the DUI expungement process to start sooner then the natural termination of your probation. It is suggested you hire a knowledgeable attorney for this process, as it can be fairly complex.
It should be noted that you do not always have to wait until your DUI probationary term naturally terminates to initiate the expungement process. It is often possible to terminate your DUI probation early, provided you have completed all of your sentence requirements, allowing the DUI expungement process to start sooner then the natural termination of your probation. It is suggested you hire a knowledgeable attorney for this process, as it can be fairly complex.
