In California, a DUI can be charged as either a felony or as a misdemeanor. While the penalties for a felony and a misdemeanor vary greatly, the ways a DUI can be charged as a felony are few. The three ways that a DUI can become a felony include if someone was injured or killed in a DUI accident, a person has three or more previous DUIs, and if the person has a prior felony DUI on their record. This is non-negotiable – prosecutors are unable to prosecute a DUI after a previous felony DUI conviction as a misdemeanor.
Fox 40 reports on a Stockton man facing a felony DUI charge in a crash that killed his two-year-old son.
A crash on Friday, April 23rd claimed the life of a 2-year-old boy and sent his father to jail on charges of felony DUI and child endangerment.
28-year-old William Tabke is being held at the San Joaquin County Jail on $1.15 million dollars bail.
The crash began just past the intersection of Anderson Street and Wilson Way, where Tabke left a mangled chain link fence. Tabke then continued under the nearby overpass where he struck a pole just after 8 p.m.
An object crashed through the front windshield, striking the 2-year-old boy, who was secured in a child seat. A 4-year-old girl was also in a car seat in the car, but she was uninjured.
Police believe that Tabke was driving under the influence at the time of the crash.
The children’s mother arrived on the scene to take the 4-year-old into her custody. The 2-year-old was transported to a nearby hospital where he later succumbed to his injuries.