Most DUIs in California are charged as misdemeanors. However, you can be charged with a felony DUI under four circumstances:
- It’s your fourth DUI offense in 10 years
- You have a prior felony DUI conviction (regardless of the timeline)
- Your DUI caused an accident resulting in serious injuries
- Your DUI caused someone’s death
We’ll look at each of these below, plus common questions about felony DUI.
How does a 4th DUI offense felony charge work?
If you have had 3 prior DUI convictions within the 10-year period leading up to your current DUI arrest, your DUI is considered a fourth offense and will be charged as a felony.
Technically, not all fourth offense DUIs have to be felonies. The prosecutor has the right to charge you with either a felony or a misdemeanor, which is much less serious. 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 the purposes of 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 the equivalent to a California DUI charge or wet reckless charge
All of the above will count against you even if they were officially expunged. The 10-year period is calculated starting from the date of your current DUI arrest. Convictions from before that will not count against you unless they were also felony DUI.
Penalties for a felony fourth DUI generally include:
- 16 months, 2 years, or 3 years in state prison
- A fine of up to $5,000 plus thousands in other costs
- 3 years as a habitual traffic offender
- Losing your drivers license for up to 10 years
- 18 to 30 months of DUI school
- Alcohol or drug addiction treatment
- 5 years of probation
How does a prior DUI felony conviction work?
If you are arrested for DUI and you already have a past felony DUI on your record, your new offense will also be charged 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.
How does a felony DUI Causing Serious Injury work?
DUIs that results in someone else’s injury will generally be charged as a felony. 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, losing a limb, etc.
However, to convict you under this charge, the prosecutor has to do more than just prove you were under the influence when the accident happened. They have to prove that you broke some other traffic rule, and that that was what caused the accident. In other words, if the sober driver caused the accident, or if you were doing nothing wrong except driving under the influence, you cannot be convicted of this felony DUI charge.
Penalties for felony DUI Causing Serious Injury include:
- 16 months, 2 years, or 3 years in state prison
- An extra 1 year per victim for each victim who suffered any injury
- An extra 3-6 years per victim for each victim who suffered a severe injury (“great bodily injury”)
- A fine of up to $5,000 plus thousands in other costs
- 3 years as a habitual traffic offender
- Losing your drivers license for 5 years
- 18 to 30 months of DUI school
- Possible alcohol or drug addiction treatment
Be aware that if this is your first DUI, the prosecution may simply choose to charge you with a misdemeanor instead. Alternately, a DUI defense lawyer may be able to convince them to reduce it to a misdemeanor.
How do felony DUI Causing Death/DUI Murder charges work?
If your DUI resulted in someone’s death, you could be charged with either a form of Vehicular Manslaughter or with an actual Murder charge.
Under some circumstances, vehicular manslaughter can be charged as either a misdemeanor or a felony. The misdemeanor version carries only:
- Maximum 1 year in county jail
- A fine of $350 to $1,000
The felony version, however, is much more serious:
- 4, 6, or 10 years in state prison
- The possibility of life in prison if you have had 2 prior DUI convictions
- A fine of up to $10,000 plus thousands in other costs
- Losing your drivers license for at least 3 years
Just like with DUI Causing Serious Injury, the prosecution has to prove their case against you. Specifically, they have to show that you broke some traffic rule in addition to DUI and that it was this carelessness that caused the death. This means it is possible to beat a vehicular manslaughter charge or to get it substantially reduced. If you are facing a vehicular manslaughter charge involving alcohol or drugs, it’s imperative that you have a good DUI lawyer to defend you.
Be aware, however, that you could be charged with murder instead.
When is a DUI a murder?
DUI is only charged 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. It’s this second definition of murder that is used 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
In legal talk, this is sometimes called a “Watson murder.” This is 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 a 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. This generally only happens 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.
Have you been charged with DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to the right or call (310) 896-2724 and get your free consultation today.
