Navigating the legalities of a DUI (Driving Under the Influence) charge in California can be a complex and daunting task. One of the most pressing questions for those facing DUI charges in the Golden State is whether their offense constitutes a felony. The distinction between a misdemeanor and a felony DUI holds significant implications for the accused, both in terms of legal proceedings and potential consequences.
In California, DUI laws are stringently enforced, reflecting the state's commitment to road safety and public welfare. However, the classification of a DUI as a misdemeanor or a felony is not always straightforward. It depends on various factors, including the circumstances of the arrest, the driver's prior DUI history, and whether the incident resulted in injury or property damage.
This webpage is designed to provide clear, comprehensive information on the criteria that determine if a DUI charge in California escalates to felony status. Here at the Law Offices of Christopher Chaney, we are committed to helping you understand the nuances of DUI laws in California. Our aim is to equip you with the knowledge needed to navigate your DUI case, shedding light on the legal pathways available and offering guidance on how to proceed effectively.
Whether you are facing your first DUI charge or have previous convictions, understanding the nature of your charges is the first step in crafting a strong defense strategy. Let's delve into the specifics of California's DUI laws to answer the pivotal question: Is DUI a felony in California?
When Is a DUI Charged as a Felony in California?
Under California law, drunk driving could result in felony DUI charges under the following circumstances:
Fourth DUI Offense Within 10 Years
If a defendant has three or more convictions in the last ten years, any further DUI cases will typically be charged as a felony under the law. Some prior offenses include:
- Wet reckless convictions
- DUI of drugs or alcohol
- Conviction outside California for an offense equivalent to a drunk driving charge
- Expunged convictions on any of the abovementioned offenses
DUI Offense With Prior Felony DUI Conviction
Conviction under felony DUI usually results in subsequent offenses being charged as a felony, regardless of the severity of the charge. As long as there has been a prior conviction in the last ten years, even a simple DUI with no aggravating factors can result in a felony charge.
DUI Causing Injury
When driving under the influence of alcohol results in severe injury to another, you can be charged with either a misdemeanor or felony DUI.
Such an offense is usually referred to as a wobbler offense. The prosecutor has the discretion on how to charge a defendant, depending on the criminal record of the accused and the facts of the case.
To get a defendant convicted of felony DUI, the prosecution needs to prove that the accused:
- Drove under the influence of drugs or alcohol
- Violated the law or committed a negligent act that resulted in bodily injury to themselves or another person while driving
DUI Causing Death
When death results from the actions of a driver under the influence, prosecutors may charge one with the following:
- Gross vehicular manslaughter while under the influence
- Watson’s Murder - usually referred to as second-degree murder
- Vehicular manslaughter while under the influence
Like in the previous case of DUI causing injury, it will be at the prosecutor’s discretion who will charge a person based on their prior criminal record and the facts of the case.
DUI With Child Endangerment
Under the law, drivers will face enhanced penalties for putting minors at risk. If you are arrested for either a felony or misdemeanor DUI, you will be facing either of the following options:
- DUI with a child under 14 – You may be subject to mandatory jail time if convicted of this charge.
- Child endangerment with a child under 18 – In addition to the underlying DUI charge, it is filed as either a misdemeanor or felony depending on the facts in the case.
The latter is usually applied for egregious drunk driving behavior, such as driving with a child without an approved child seat or a seatbelt or very high blood alcohol levels.
If you face a DUI charge, you may be frustrated and afraid of the dire consequences that may result from a conviction. As such, we always advise working with a qualified and experienced lawyer who knows about the defenses and strategies of the prosecution and may be able to help you get a favorable outcome.
Things to Know About Felony DUIs and Great Bodily Injury
For one to be charged with causing significant bodily injury and felony DUI, it has to be shown they were driving under the influence of alcohol and that their Blood Alcohol Content was at least 0.08%.
The prosecution will also have to show that the defendant violated another traffic code, such as speeding, running a red light, or being negligent.
A second violation is deemed a civil breach of a legal duty in the exercise of due care that is deemed a substantial factor resulting in injury. Multiple infractions usually result in sentencing enhancement that may include a longer license suspension, a higher fine, or a longer jail term.
A serious injury does not just mean traumatic brain injuries or paralysis. It can also include other injuries such as permanent disability or scarring, deep lacerations, and broken bones.
If the victim had to receive medical care, this might promote the case of serious injury.
When Is a DUI Considered a Misdemeanor in California?
Apart from the above circumstances, driving under the influence is usually deemed a misdemeanor charge that will not attract criminal penalties.
As long as there are no aggravating circumstances or prior DUI convictions, a DUI charge is not considered a felony but a misdemeanor DUI. This usually applies to drivers facing 1st offense DUIs, 2nd offense DUIs, or 3rd offense DUIs.
If you are facing Misdemeanor DUI conviction charges, it is critical to secure the services of DUI lawyers as soon as possible. The DUI penalties are usually severe and could have far-reaching consequences.
By working with an experienced criminal defense team, you will get the advice you need to avoid being convicted of felony DUI, avoid going to DUI school, or minimize the consequences of the offense.
The Law Offices of Christopher Chaney have the experience, skill, and resources to help you avoid the severe penalties of a DUI conviction. Whether you are facing multiple DUI convictions or a misdemeanor first offense DUI, our Los Angeles criminal defense lawyers can help you navigate through your worries. Contact us today, and we may be able to help you get a favorable outcome.
Looking For The Best DUI Defense Law Firm? Contact the Law Offices of Christopher Chaney Today for a Free Consultation
If you are facing felony DUI charges in California, it is critical to secure the services of a law firm with lawyers who have experience and skill in such matters. If you are in Van Nuys, San Diego, Los Angeles, or a surrounding area, there is no better law firm to handle your case than the Law Offices of Christopher Chaney. We live and work on DUI cases in Southern California and have been staunchly representing individuals charged with DUI offenses for several years. Contact us today for a free consultation, and we may just be able to help you with your case.
