What is a Felony DUI Charge in California?
In California, a DUI charge may be filed as either a misdemeanor or felony depending on the circumstances. While a DUI is typically a misdemeanor, the presence of certain aggravating factors can escalate the charge to a felony.
Common Situations That Elevate a DUI to a Felony:
1. DUI Causing Injury or Death
If the driver causes an accident that results in bodily injury or fatality, and was under the influence, they may be charged with a felony DUI. The prosecution considers whether the driver was reckless and violated additional vehicle code laws.
2. Multiple Prior DUI Convictions
If a person has three or more prior DUI convictions within 10 years, even from other states, they may be charged with a felony DUI. This includes:
- Prior California DUI convictions
- “Wet reckless” charges
- DUI-equivalent offenses from other jurisdictions
3. Prior Felony DUI Conviction
If someone has a prior felony DUI, any subsequent DUI—even a misdemeanor-level charge—can be elevated to a felony, particularly if it involves injury or death.
Understanding the Penalties for a Felony DUI Conviction
Felony DUI convictions in California carry severe, long-term consequences. These may include:
- A permanent criminal record
- Restrictions on firearm ownership
- Mandatory ignition interlock device (IID) installation (up to 3 years)
- Mandatory DUI education program
- License suspension or revocation
- Increased insurance premiums
The actual penalties will vary depending on the case details, the driver’s criminal history, and whether any enhancing factors (like injuries or prior offenses) apply.
Defending Against Felony DUI Charges in California
If you’ve been charged with a felony DUI, an experienced criminal defense attorney can help challenge the allegations and potentially reduce the charges. Common DUI defenses include:
- Challenging field sobriety tests or breathalyzer accuracy
- Arguing lack of probable cause for the traffic stop or arrest
- Presenting evidence that the driver’s actions did not cause injury or harm
Challenging the Validity of Prior DUI Convictions
A defense attorney can assess the validity of previous DUI convictions that may be used to enhance your current charge. With the right legal strategy, prior offenses may be challenged or excluded.
Working with a Skilled Criminal Defense Attorney
Felony DUI charges are serious. A criminal defense attorney can:
- Build a defense strategy based on evidence
- Challenge DUI testing procedures
- Negotiate a plea bargain or argue for charge reduction/dismissal
FAQs
Q: What is the difference between a misdemeanor and a felony DUI charge in California?
A: A misdemeanor DUI is standard in California, but if aggravating factors exist—like injury, death, or multiple prior DUIs—it can be charged as a felony.
Q: What are the potential penalties for a felony DUI conviction in California?
A: Penalties include long prison sentences, large fines, ignition interlock device requirements, DUI classes, license suspension, firearm restrictions, and increased insurance rates.
Q: What are some common defenses against felony DUI charges in California?
A: Common defenses include:
- Challenging field sobriety or chemical tests
- Proving no probable cause for the stop
- Demonstrating the driver’s actions didn’t cause injury
- Challenging prior DUI convictions
Q: How can a criminal defense attorney help defend against a felony DUI charge in California?
A: An experienced attorney will:
- Analyze the case details
- Challenge weak evidence
- Negotiate for reduced or dismissed charges
- Argue legality of prior convictions
📞 Need Help?
If you’re facing felony DUI charges in California, contact our criminal defense attorneys today to protect your rights and future.
