Many individuals unfamiliar with the criminal court system mistakenly believe that a Driving Under the Influence (DUI) offense under California Vehicle Code section 23152(a) or California Vehicle Code Section 23152(b) is handled similarly to a simple traffic ticket. This misconception often arises because the citation issued by the officer might resemble a ticket for a minor traffic violation like speeding or running a red light. However, California law treats these matters very differently.
A DUI charge carries significant criminal and administrative consequences that can profoundly impact a person's freedom, financial stability, driving privileges, and permanent record. An experienced DUI defense lawyer can help you understand the distinct differences between a DUI and a routine traffic infraction, which is crucial for anyone facing such charges or seeking to be better informed about California law.
How California Law Defines a Traffic Infraction Versus a DUITraffic infractions in California typically involve minor violations of the California Vehicle Code, such as speeding under Vehicle Code Section 22350 or failing to stop at a red light under Section 21453. These infractions usually result in a citation, a fine payable by mail or in traffic court, and potentially one or more points added to the driver's record. While accumulating too many points can lead to a driver's license suspension, these violations do not carry the risk of jail time or probation and do not appear on a criminal record accessible for employment background checks.
In contrast, DUI offenses are significantly more serious. Most first-time DUI charges in California are misdemeanor offenses prosecuted under California Vehicle Code Section 23152(a), which concerns driving under the influence of alcohol or drugs, or Section 23152(b), which applies when the driver's blood alcohol concentration (BAC) is 0.08% or higher. Unlike infractions, a DUI conviction triggers severe legal consequences, including potential jail time, probation, mandatory alcohol education programs, and driver's license suspensions. The presence of prior DUI convictions or aggravating factors, such as causing injury to another person, driving at excessive speeds, or having a minor under 14 in the vehicle (Vehicle Code Section 23572), can escalate a DUI to a felony under California Vehicle Code Sections 23550 or 23153, potentially leading to years of incarceration in state prison. Even as a misdemeanor, a DUI is treated with a level of scrutiny and seriousness far exceeding that of routine traffic tickets. Notably, in many DUI cases involving alcohol, both Vehicle Code Section 23152(a) and 23152(b) are charged, although punishment can only be imposed for one. Furthermore, if a DUI results in death, charges like vehicular manslaughter under Penal Code sections 191.5 and 192 may also be filed.
Criminal Versus Administrative ConsequencesAnalyzing the difference between a DUI and a traffic ticket requires examining their respective criminal and administrative consequences. Traffic tickets primarily trigger administrative penalties through the California Department of Motor Vehicles (DMV). Paying the fine or being found guilty in traffic court leads to the DMV adding points to the driver's license. Accumulating too many points can result in the suspension or revocation of driving privileges. Beyond the fines and these administrative measures, standard infractions do not involve criminal penalties, meaning jail time is not a possibility.
A DUI, however, initiates a dual-track process involving both a criminal proceeding and a separate administrative action by the DMV. In criminal court, a person convicted of DUI faces potential jail time, fines, probation, and court-mandated programs. Simultaneously, the DMV conducts its own administrative per se hearing to decide whether to suspend or restrict the driver's license. This action is often triggered by a BAC of 0.08% or higher or the driver's refusal to submit to a chemical test. The interaction between the DMV hearing and the criminal court process can be intricate. Even if the criminal case is dismissed or reduced, an administrative license suspension may still occur if specific factors are established at the DMV hearing.
Penal Code Sections and How They May Relate to DUIWhile DUI offenses are primarily governed by the California Vehicle Code, the California Penal Code becomes relevant in certain situations. For instance, if a driver charged with DUI causes injury to another person, the offense may be charged under Vehicle Code Section 23153, a "wobbler" offense that can be prosecuted as either a misdemeanor or a felony. Felony DUIs involving injury can intersect with Penal Code provisions when determining enhancements or additional charges, such as Penal Code Section 12022.7, which addresses inflicting great bodily injury.
Sentencing in California DUI cases often references various Penal Code sections that govern general sentencing rules, probation requirements, and fines. While Vehicle Code sections specify the base punishments for DUI, the sentencing court may refer to the Penal Code for guidance on probation conditions, including alcohol monitoring or other restrictions. Violations of court-ordered probation, even in a DUI case, can lead to separate proceedings under Penal Code Section 1203.2, which deals with probation revocations. Furthermore, if a person is caught driving under the influence with a minor under the age of 18 in the vehicle, they could also face charges of child endangerment under California Penal Code Section 273(a) PC. Additionally, being drunk in public can sometimes be related to DUI situations and is covered under California Penal Code Section 647(f) PC.
Jury Instructions for DUI Cases in Los AngelesWhen a DUI case proceeds to trial, the jury receives guidance from standardized instructions outlined in the California Criminal Jury Instructions (CALCRIM). Commonly used instructions for DUI include CALCRIM No. 2110 for driving under the influence of alcohol or drugs and CALCRIM No. 2111 for driving with a BAC of 0.08% or more. These instructions detail the elements the prosecution must prove beyond a reasonable doubt, such as the defendant operating a vehicle while under the influence of alcohol or drugs or having a BAC exceeding the legal limit at the time of driving.
The jury instructions also clarify how jurors should interpret various types of evidence, including the results of blood or breath tests, the reliability of testing methods, and how to consider driving patterns and field sobriety tests. Unlike a routine traffic ticket hearing, where a judge makes the decision, a DUI case can be tried before a jury of twelve citizens who must reach a unanimous verdict. The jury instructions are, therefore, critical in shaping how these citizens understand the evidence and apply the relevant laws.
Court Process and RepresentationTraffic tickets typically follow a streamlined court process. The driver can either pay the fine before the court date or appear in traffic court to contest the citation. If the driver chooses to contest the ticket, the first court appearance is usually an arraignment where they can enter a plea of guilty, no contest, or not guilty. If a trial is requested, the citing officer must appear in court. If the officer fails to appear, the court often dismisses the ticket. If the officer does appear, the judge will consider the evidence presented and make a ruling. The judge's decision is generally final, except in unusual circumstances. This straightforward process usually does not require an attorney, although drivers sometimes hire one for more complex tickets or to avoid potential license consequences for serious infractions.
DUI cases, however, involve a much more formal and complex court process. The arresting officer submits a report to the prosecuting agency (either a deputy city attorney or a deputy district attorney), who then decides whether to file criminal charges. If charges are filed, the defendant is required to appear in criminal court for an arraignment, where they are informed of the charges and enter a plea. Following the arraignment, several pretrial hearings may occur, during which the defense can request the discovery of police reports, laboratory analyses, and body camera footage. Negotiations with the prosecution, known as plea bargaining, often take place during these pretrial settings. If a resolution cannot be reached through negotiation, the case proceeds to trial. As mentioned earlier, a DUI trial can be heard by a judge alone or by a jury, and the proceedings may involve expert witnesses who can testify on issues such as chemical testing, field sobriety tests, and the administration of breath or blood tests. Given the higher stakes involved, defendants in DUI cases typically benefit significantly from the assistance of an experienced criminal defense attorney who possesses a thorough understanding of the legal standards, scientific evidence, and local court procedures.
Sentencing Components and Penalties in DUI CasesCalifornia DUI sentencing is governed by various Vehicle Code sections, particularly Sections 23536 through 23552, which outline the penalties for first, second, third, and subsequent DUI convictions, as well as for specific circumstances like having a high BAC level or refusing to submit to chemical testing. A first-time misdemeanor DUI conviction can result in up to six months in county jail, although many counties have local sentencing practices that often involve little to no actual jail time for a standard first offense. Instead, a defendant might be placed on probation for a period ranging from three to five years, required to pay fines and penalty assessments that can total thousands of dollars, and mandated to complete a DUI program, which typically lasts for three, six, or nine months depending on the defendant's BAC and other factors.
Repeat DUI offenses lead to rapidly escalating penalties. For example, a second DUI conviction within ten years might result in a longer jail sentence, a more extensive DUI education program, stricter probation conditions, and a longer driver's license suspension or revocation period. A third or subsequent DUI, or a DUI that involves injuries or fatalities, can lead to felony charges. A felony DUI conviction can carry a sentence of up to three years in state prison, or even more if serious injuries or death occurred. Once a person has a felony DUI conviction on their record, any subsequent DUI can also be charged as a felony, regardless of whether the new incident involved injuries.
In addition to incarceration, DUI convictions often come with other punishments and obligations. Defendants may be required to install an Ignition Interlock Device (IID) on any vehicle they drive. This device tests the driver's breath for alcohol before allowing the vehicle to start. Probation conditions typically include obeying all laws, not driving with any measurable amount of alcohol in their system, submitting to chemical tests if requested by law enforcement, and other restrictions designed to prevent future offenses. Failure to comply with these probation conditions can result in a probation violation, potentially leading to additional penalties, including jail time.
Long-Term Consequences on Criminal and Driving RecordsOne of the most significant distinctions between a DUI and a typical traffic ticket is the long-term impact on a person's permanent record. A traffic infraction does appear on an individual's driving record, but it generally does not show up in criminal background checks conducted by employers or landlords. Points assessed by the DMV can affect insurance rates and may lead to license suspensions if too many are accumulated, but they do not carry the stigma or collateral consequences associated with a criminal offense.
On the other hand, a DUI conviction appears on both the driving record and the defendant's criminal record. Employers, landlords, and licensing boards often have access to criminal records, and a DUI conviction can negatively influence hiring decisions, professional licenses, and even immigration status for non-citizens. While California provides certain avenues for expungement of DUI convictions under Penal Code Section 1203.4, even an expunged DUI can still have lingering effects on professional licensing and can be used as a prior conviction for sentencing enhancements in future DUI cases within ten years.
Why You Should Seek Qualified Legal AdviceAnyone facing a DUI charge should recognize that these cases are treated with a level of seriousness unmatched by most traffic infractions. The formal court procedures, the risk of incarceration, probationary terms, driver's license suspensions, and potential ignition interlock requirements make obtaining professional legal representation highly advisable. An attorney specializing in DUI defense will possess the expertise to examine police procedures for any constitutional violations, such as unlawful stops or detentions, challenge chemical test results, and advocate for reduced penalties or case dismissals when possible. Lawyers can also provide crucial guidance through the DMV hearing process, a separate administrative procedure that can be confusing and has strict time limits, typically requiring a hearing request within ten days of arrest.
At Kraut Law Group Criminal & DUI Lawyers, we are familiar with local court policies, prosecutorial tendencies, and the complex scientific evidence that forms the basis of DUI cases, from field sobriety tests to breath or blood sample analyses. This level of knowledgeable counsel can be invaluable in minimizing the short-term and long-term consequences that often accompany DUI convictions.
If you or someone you know is currently facing a DUI charge or has further questions about the legal distinctions between a DUI and a traffic ticket in Los Angeles or throughout California, it is crucial to seek the advice of a top-rated DUI attorney. Michael Kraut, a former Deputy District Attorney with over 14 years of prosecutorial experience, is available to offer a clear explanation of your legal options and to develop a robust defense strategy tailored to your specific circumstances.
Our team can be reached at 888-334-6344 or 323-464-6453 or by using our online form for a free consultation. We are available 24 hours a day, seven days a week. Getting personalized advice from an attorney who fully understands your situation and the complexities of California DUI laws is irreplaceable.