In California, a driving under the influence (DUI) charge can generally be classified as either a misdemeanor or a felony, with the latter being reserved for more severe cases or repeat offenses.
A DUI is typically charged as a felony in situations where the incident resulted in injury or death, if the offender has prior felony DUI convictions if the blood alcohol content (BAC) level was excessively high, or if the individual was driving with a suspended or revoked license due to a previous DUI conviction.
You can learn more about felony charges with a Los Angeles DUI lawyer. In the meantime, let’s take a closer look at when a DUI is a felony in California.
When Do Drivers Face Felony DUI Charges?
According to the drivers in California can face felony DUI charges if they:
- Have three previous misdemeanor DUI convictions on their record
- Have one previous felony DUI charge on their criminal record
- Caused an injury in a DUI collision
- Caused a fatal DUI accident
A defense attorney can provide more detailed information about each of these charges.
California Can Treat a Fourth DUI Offense as a Felony
If you have had three prior DUI convictions within the 10 years leading up to your current DUI arrest, your DUI is considered a fourth offense, and you can face felony charges under VC 23550.
Technically, not all fourth offense DUIs have to be felony charges. The prosecutor has the right to charge you with either a felony or a misdemeanor, which is much less severe. However, prosecutors usually only do this if there are mitigating circumstances.
Alternatively, a good DUI defense lawyer may be able to negotiate a felony 4th time DUI down to a misdemeanor. All of the following count as “prior” DUIs for your case:
- DUI convictions from other states
- Wet reckless convictions from any state
- Other past out-of-state convictions involving driving and alcohol, if it is equivalent to a California DUI charge or wet reckless charges
All these charges will count against you even if a lawyer officially expunged them. The court calculates the 10-year period starting from your current DUI arrest date. Convictions from before that would not count against you unless they were also felony DUIs.
What Are the Penalties for a Fourth DUI?
Penalties for a felony fourth DUI generally include:
- Sixteen months, two years, or three years in state prison
- A fine of up to $5,000 plus thousands in other costs
- Three years as a habitual traffic offender
- Losing your driver’s license for up to 10 years
- Eighteen to 30 months of DUI school
- Alcohol or drug addiction treatment
- Five years of probation
Your lawyer will take any felony offense seriously and help you face drunk driving charges head-on.
You Can Face Felony Charges with a Prior Felony Conviction
If the police arrest you for a DUI and you already have a past felony DUI on your record, the court will treat your new offense as a felony.
In this circumstance, it does not make a difference whether your new DUI hurt anyone or what circumstances surrounded your previous felony DUI. It also doesn’t matter how long ago it was—there is no 10-year limit.
The penalties are identical to those for a 4th offense DUI. Therefore, you may face a license suspension, incarceration, and other severe penalties. You can work with a criminal defense attorney to build a legal defense to these charges.
A DUI Causing Serious Injury Can Result in Felony Charges
DUIs that result in someone else’s injury are generally felonies. A “serious” injury, in this case, can include broken bones, permanent scars, or any kind of long-term disability. It also includes traumatic injuries like coma, brain injury, or losing a limb.
The court system uses VC 23153 to prosecute this charge. Penalties for felony DUI causing severe injury include:
- Prison time
- Thousands of dollars in fines
- The loss of your driver’s license
- Time in DUI school or addiction treatment
Be aware that if this is your first DUI, the prosecution may simply choose to charge you with a misdemeanor offense instead. Alternatively, a DUI defense lawyer may be able to convince them to reduce it to a misdemeanor charge.
A misdemeanor may still result in a license suspension and jail time, but it typically has less serious criminal penalties for accidents resulting in bodily injury.
Fatal Accidents Can Result in Felony DUI Charges
If your DUI resulted in someone’s death, you could face charges for a form of vehicular manslaughter under Penal Code 191.5 or with an actual murder charge. A felony conviction can result in:
- Up to 10 years in state prison
- The possibility of life in prison if you have had two prior DUI convictions
- A fine of up to $10,000 plus thousands in other costs
- Losing your driver’s license for at least three years
Fatal accidents often involve harsher penalties and a longer prison term than other charges.
When Is a DUI a Murder?
The courts only charge a DUI as murder under certain circumstances. Under the law, “murder” usually means you had an intent to kill someone. Alternatively, it means intentionally doing something that you knew was likely to kill someone. The court uses this second definition of murder in DUI cases.
Under that definition, a DUI causing death can be a second-degree murder charge if:
- You have been convicted of a DUI charge before
- You were made well aware that driving under the influence again could end another person’s life
Lawyers sometimes call this a “Watson murder” because first-time DUI convicts are often required to read and sign a statement, known as a Watson advisement, that says they acknowledge that driving under the influence could cause death.
If you have received this warning in the past, the prosecution has grounds to charge you with murder because (in theory) you knew the risk you were causing when you got behind the wheel.
Occasionally, a prosecutor will attempt a DUI murder charge even if it’s a first-time DUI or you never had the Watson warning. Prosecutors may do this if they believe you showed malice or extreme recklessness with human life.
The penalties for DUI murder are severe:
- 15 years to life in prison
- The possibility of life without parole if you have a previous murder conviction
- A fine of up to $10,000
Given the gravity of this charge, you should do everything possible to prevent a DUI murder conviction. Please speak to a DUI defense lawyer. Lawyers can and do beat DUI murder charges—you may not have to go to prison.
Learn More About Felony DUI Charges in California
When is a DUI a felony in California? Drivers can face felony charges if they operate a vehicle under the influence of alcohol and get arrested for multiple DUIs, cause an injury, or cause a fatality. You can learn more about these criminal charges when you contact us.
Call or complete our online contact form to learn more.
