What is the punishment for a felony DUI in California?
This is my second DUI since 11/98. This one is charged as a DUI with injury. ...
This is my second DUI since 11/98. This one is charged as a DUI with injury.
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This is my second DUI since 11/98. This one is charged as a DUI with injury. ...
This is my second DUI since 11/98. This one is charged as a DUI with injury.
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Shamrock is close, but not quite right. Every DUI with injury (Veh C sec 23153) can be punished as a felony, which, in this case, means 16 months to 3 years in prison. (See Veh C sec 23554 for punishment without a prior DUI.) The difference is the minimum punishment, even if probation is granted. Without a prior, the minimum sentence is five days in jail. (Veh C sec 23556.) With a prior DUI, the minimum probationary sentence is either 120 days, or 30 days and an 18-month DUI program. (Veh C sec 23562.)
There is also a difference in the fine. Without a prior, you could expect a fine in the area of $2,000. With a prior, probably in the area of $4,000. Also, without a prior, your license is suspended for one year; with a prior your license is revoked for 3 years.
Of course, the impact on your insurance, when and if you can drive again, will be considerable.
You'll receive many fines and possible jail time. Be ready with your lawyer to negotiate a deal. Also, since injuries were involved, they may sue you as well. The jail time is irrelevant in comparison to the amount of money you are going to dish out. But, there's no way anyone can answer this question because it all depends on many factors as to what the courts are going to do.
It might be 8 years in jail. We had a case like this last week where I live in California. This was his 2nd offense, he had no license or insurance and he is here illegally. They are saying up to 8 years, but the sentence has not been set yet. I hope this was not you, but I don't have any sympathy for a person like this. His blood alcohol was .34 so he was sh– faced when he cause severs injuries to a person who will never be the same.
The maximum penalty STARTS at one year in state prison. However, your a prior DUI raises that to 3 years. The injury portion is your greatest concern. Depending on the seriousness of the injury, you could end up in prison for 25 to life.
You will need a good lawyer. There will be a lot of fines that are going to be expensive. You may even be facing possible jail time for what you have done.
Again get a good lawyer as your going to need one to help you with this.
http://www.duihelpnow.info