The 3 Instances Where DUI in California Can be a Felony:
Driving under the influence of alcohol or drugs in California is typically a misdemeanor offense. As long as there were no "aggravating factors", you will likely be charged with misdemeanor "simple DUI" when facing your first, second, or third time DUI case.
There are situations, however, when an otherwise "simple" California DUI will be charged as a felony DUI offense. A California drunk driving charge may result in a felony filing if:
∗It should be noted that numbers (1) and (2) above could potentially be charged as misdemeanor offenses at the discretion of the prosecutor. Because this is unlikely and rarely the case, this article exclusively deals with DUI offenses as felonies.
When another person suffers injury or death because you (1) drove under the influence, and (2) either committed an additional vehicle code violation or drove in an otherwise negligent manner, California prosecutors can charge you with a felony DUI in one of three ways:
- Under California Vehicle Code 23513 VC -- driving under the influence causing injury,
- With DUI vehicular manslaughter, or
- With DUI second-degree murder (otherwise known as a "Watson Murder")
Which California felony DUI will be charged depends on the specific facts of your case and on your criminal history.
In California, driving under the influence is what's known as a "priorable" offense. Priorable offenses have stiffer penalties and sentences every time you are convicted for another same or similar offense.
If you have suffered three or more prior DUI convictions within the last ten-years, and suffer another DUI arrest, you will likely now be charged with a felony DUI in California. With respect to drunk driving, prior offenses include any combination of the following:
- A California DUI,
- A California "wet reckless", or
- An out-of-state conviction that -- if committed in California -- would be equivalent to a DUI.
If you commit a DUI. any DUI. even "simple" misdemeanor DUI with no aggravated circumstances .and you have at least one prior felony DUI, you will be charged with a felony. This situation would likely arise if you suffer a DUI conviction and your prior DUI conviction (1) caused injury or death and was charged as a felony, or (2) was charged as a felony because you had multiple DUI convictions (even though your current DUI took place after the ten-year timeframe elapsed).
Fighting a Felony DUI Case
A California felony DUI conviction has severe penalties including a substantial California State Prison sentence, heavy fines, and the loss of your California driving privilege for several years. As Darrell York, a top Ventura DUI defense attorney, puts it, "A conviction for a California felony DUI is devastating. Beating a felony DUI charge requires an aggressive and truly skilled lawyer who specializes in California drunk driving defense.and who therefore knows how to successfully employ the most effective defenses."
If you have additional questions or would like to discuss your case in confidence, we invite you to contact us at one of our local DUI law offices located in San Bernardino, Long Beach, Van Nuys, and all nearby cities.
For information about Nevada DUI law, go to our page on Nevada felony DUI law.
Court-Approved DUI Alcohol Programs --
A state-wide listing of court-approved DUI alcohol programs broken down by city.
California Department of Motor Vehicles --
Includes publications about driving offenses and penalties and offers full text to the California Vehicle Code.