Even Repeat DUIs are Typically Prosecuted as Misdemeanors
In California, driving under the influence cases what are known as “priorable offenses”. This means that every subsequent conviction increases your minimum sentence. Yet even as a priorable offense, most DUIs are typically prosecuted as misdemeanor offenses.
Your first, second, or third drunk driving conviction within a ten-year period will still be punished as a misdemeanor. And if you suffer any subsequent DUI convictions beyond the ten-year period, the sequence begins anew. This means that you can accumulate quite a few DUI convictions before the offense is charged as a felony…that is, unless you serious injure or kill another person as a result of your intoxication.
First-time California misdemeanor driving under the influence offenders are punished by a maximum six-month jail sentence, but generally do not spend any time in jail. Second-time misdemeanor DUI offenders face a minimum 96 hours in jail and a maximum one-year sentence. Third-time misdemeanor DUI offenders face a minimum jail sentence of 120 days to a maximum sentence of one year.
