California has escalating DUI penalties. In general, most DUIs are charged as misdemeanors. This is certainly true in many cases up to the third DUI conviction in a ten-year period. However, after the third DUI, California begins charging the DUI as a felony. Another way that a DUI can be charged as a felony in California is if the driver has previous felony DUI convictions. They can also be charged with a felony DUI if people are injured or killed in the accident. A misdemeanor DUI conviction can mean time in county jail. However, a felony DUI conviction moves the sentence to state prison. The driver’s rights and future employment opportunities are more affected by a felony DUI conviction.
The Record Courier reports that a DUI accident that turned fatal has resulted in a prison sentence.
54-year-old Darrin Lewis Kellogg of California has a long history of DUI convictions in California. He has been sentenced to 4-10 years in state prison.
On September 30, 2019, Kellogg was arrested after a Nevada Highway Patrol trooper measured his speed at 74 m.p.h. on Highway 50 through Glenbrook.
After being pulled over, Kellogg attempted to switch seats with his elderly father. At the time of the arrest, Kellogg had a BAC of .197%, more than twice the legal limit.
Kellogg’s defense attorney argued for a minimum sentence of 2-6 years. However, District Judge Tom Gregory said that the sentence of 4-10 years is because of Kellogg’s repeated instances of driving under the influence.
In addition to the prison sentence, Kellogg was ordered to pay a fine of $2,000 and have an ignition interlock device installed on any vehicle he drives for a period of three years.