When Is a DUI A Felony in California?
Driving under the influence (DUI) is a serious offense in California, with penalties that vary depending on the circumstances of the incident. In most cases, DUI is charged as a misdemeanor, but there are certain situations where the charges can escalate to a felony. Understanding the conditions that turn a DUI into a felony is crucial for anyone facing such charges.
What’s the Difference Between a Misdemeanor and Felony DUI in California?
In California, a first-time DUI offense is generally considered a misdemeanor. Misdemeanor DUIs can still carry penalties like fines, license suspension, and mandatory DUI education programs.
However, a misdemeanor DUI doesn’t typically result in the harsh penalties associated with a felony, such as long-term imprisonment or permanent loss of rights. You can be charged with a felony DUI under the following scenarios:
Prior DUI Convictions
One of the most common reasons a DUI is charged as a felony is having multiple prior convictions. In California, if a person has been convicted of three or more DUIs within the past ten years, any subsequent DUI offense can automatically be upgraded to a felony.
The courts treat repeat offenders more severely, seeing them as a continued risk to public safety. A felony charge in this case comes with stiffer penalties, including extended jail time and higher fines.
DUI Involving Injuries or Death
When a DUI results in bodily injury or death, it is almost always charged as a felony. California’s legal system takes a strict stance on cases where someone is seriously harmed due to impaired driving. For example, if you are involved in an accident where another person suffers significant injuries, you could face felony DUI charges under California Vehicle Code 23153.
The stakes are even higher if the accident leads to a fatality, potentially resulting in manslaughter or vehicular homicide charges on top of the DUI.
High Blood Alcohol Content (BAC)
While most DUI arrests involve drivers with a blood alcohol content (BAC) of 0.08% or higher, an excessively high BAC can contribute to a felony charge. Though having a high BAC alone doesn’t necessarily mean you’ll be charged with a felony, it can be an aggravating factor if combined with other elements, such as prior convictions or causing an accident.
California law may impose stricter penalties on drivers with a significantly elevated BAC, especially if it exceeds 0.15% or 0.20%.
DUI with Child Endangerment
In California, driving under the influence with a child under 14 in the vehicle can elevate a DUI to a felony due to child endangerment. Prosecutors view this as a reckless act, putting the child’s safety at serious risk.
The driver may face additional charges under Penal Code 273a, with penalties that include longer prison time, higher fines, and potential involvement from child protective services. For repeat offenders, the likelihood of a felony conviction is significantly increased when child endangerment is involved.
What Are the Penalties for Felony DUI in California?
The penalties for a felony DUI conviction in California are significantly more severe than for a misdemeanor. Felony DUI convictions can result in up to three years in state prison, with additional time if someone was injured or killed.
Prison Time
While misdemeanor DUIs typically result in county jail time, felony DUI convictions can lead to state prison sentences. Depending on the specific circumstances, prison sentences can range from 16 months to several years. Repeat offenders or those whose actions resulted in severe injuries or death may face even longer sentences.
Fines and Fees
Felony DUI convictions often come with substantial fines and fees of $1,000 to $10,000. Additional costs may include court fees, probation fees, and mandatory contributions to victim restitution funds.
License Suspension or Revocation
A felony DUI conviction typically results in a longer period of driver’s license suspension or revocation compared to a misdemeanor DUI. In some cases, the suspension can last for years, and obtaining a restricted license or reinstatement can be a complex process.
Mandatory DUI Programs
Convicted felony DUI offenders are often required to complete intensive DUI education and treatment programs. These programs can last for many months or even years and may include counseling, substance abuse treatment, and regular drug and alcohol testing.
Additional Consequences of a Felony DUI Conviction
Beyond the immediate legal penalties, a felony conviction can have long-term consequences such as:
- Difficulty finding employment, especially in jobs that require driving or security clearances
- Loss of professional licenses or certifications
- Challenges in obtaining housing or loans
- Increased insurance rates
- Stigma and strain on personal relationships
Defending Against Felony DUI Charges
Facing a felony DUI charge can be overwhelming, but there are potential defenses that can reduce or dismiss the charges. For example, an attorney may challenge the legality of the traffic stop or argue that the breathalyzer or blood test results were inaccurate.
In some cases, it may be possible to reduce a felony charge to a misdemeanor through plea bargaining, especially if the driver has no prior offenses or if there were extenuating circumstances surrounding the incident.
Charged with a Felony DUI in California? Call Morris Law Today
Being charged with a DUI in California is always serious, but when it becomes a felony, the consequences are life-changing. If you’re dealing with a DUI that could be charged as a felony, securing experienced legal representation can make all the difference in your case.
Morris Law is highly experienced in fighting DUI charges in California, and we’re prepared to defend your rights and seek the best possible outcome for you.
Contact us at 510-225-9955 today to schedule a free initial consultation.
