U.S. Driving Law Changes: What California Drivers Should Know
While many traffic violations result in fines and points on your driving record, certain offenses can lead to jail time, thousands of dollars in fines, and a permanent criminal record. Understanding which driving-related crimes carry the most severe consequences is essential for every California driver.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
DUI: Enhanced Penalties and Stricter Enforcement
Driving under the influence remains one of the most aggressively prosecuted traffic crimes in California. A first-time DUI conviction can result in up to six months in county jail and fines. However, the consequences escalate dramatically under certain circumstances.
If you cause injury while driving under the influence, prosecutors can charge you with a felony. A felony DUI with injury carries a potential state prison sentence of up to four years and fines. When someone dies as a result of DUI, you could face second-degree murder charges under California’s “Watson murder” rule, which carries a sentence of 15 years to life in prison.
Recent enforcement trends show prosecutors taking an increasingly hardline approach to DUI cases involving high blood alcohol content levels. BAC levels of 0.15% or higher often trigger enhanced penalties, and some counties now pursue felony charges more aggressively for repeat offenders, even without injury.
Reckless Driving and Street Racing
Reckless driving under Vehicle Code Section 23103 is a misdemeanor that many drivers underestimate. This charge applies when you drive with willful or wanton disregard for the safety of persons or property. A conviction carries up to 90 days in county jail and fines for a first offense. A second offense within one year increases the potential jail time to six months.
Street racing and speed contests have received heightened attention from law enforcement, particularly in urban areas where these activities have led to serious accidents and fatalities. Engaging in a speed contest is a misdemeanor punishable by up to 90 days in jail and fines up to $1,000. However, if you’re convicted of a speed contest that results in injury or death, you face felony charges with potential prison sentences ranging from 16 months to three years.
California law also allows vehicle impoundment for 30 days for street racing offenses, creating additional financial hardship through storage fees that can reach thousands of dollars.
Vehicular Manslaughter
Vehicular manslaughter occurs when someone dies as a result of your unlawful driving conduct. California recognizes several forms of vehicular manslaughter, each carrying different penalties.
Vehicular manslaughter without gross negligence is a misdemeanor punishable by up to one year in county jail. However, gross vehicular manslaughter while intoxicated is a felony carrying a potential state prison sentence of four, six, or ten years. The prosecution must prove that you drove under the influence and committed an additional unlawful act or neglected a lawful duty, causing someone’s death.
Even lawful conduct can result in manslaughter charges if you act with gross negligence. Gross vehicular manslaughter is a felony punishable by up to six years in state prison, even without alcohol or drugs involved.
Hit and Run with Injury or Death
Leaving the scene of an accident is always illegal in California, but the severity of punishment depends on whether the accident caused only property damage or resulted in injury or death.
Hit and run causing injury is a wobbler offense, meaning prosecutors can charge it as either a misdemeanor or felony. As a misdemeanor, you face up to one year in county jail and fines up to $10,000. As a felony, the potential sentence increases to up to four years in state prison with the same maximum fine.
If the accident results in serious injury or death, prosecutors will almost certainly pursue felony charges. A conviction for felony hit and run causing permanent injury or death can result in up to four years in state prison. Combined with potential vehicular manslaughter charges, drivers who flee fatal accidents face devastating criminal consequences.
Driving on a Suspended License
While driving with a suspended license might seem like a minor offense, it can result in jail time under certain circumstances. If your license was suspended or revoked due to a DUI conviction, reckless driving, or as a negligent operator, driving on that suspended license becomes a misdemeanor punishable by up to six months in jail and fines.
Repeat offenses carry enhanced penalties, and judges often impose jail time for habitual offenders who continue driving despite suspended licenses.
Protecting Your Rights
These serious driving offenses carry consequences that extend far beyond fines and jail time. A conviction can result in loss of driving privileges, increased insurance rates, difficulty finding employment, and a permanent criminal record. Some convictions require registration as a negligent operator or habitual traffic offender.
If you’re facing charges for any serious traffic offense, the stakes are too high to navigate the criminal justice system alone. An experienced criminal defense attorney can examine the evidence, challenge procedural errors, negotiate with prosecutors, and fight to protect your freedom and driving privileges. Many defenses exist for these charges, including challenging the legality of traffic stops, questioning field sobriety test administration, and disputing witness testimony.
Don’t wait to seek legal representation. The decisions you make immediately after being charged can significantly impact the outcome of your case.
Contact Wallin & Klarich Today
If you are facing a criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
