Normally, a DUI charge is a misdemeanor in California. There are only a few exceptions where a DUI can become a felony. If a DUI is charged as a felony, the accused faces a longer prison term, longer probation, higher fines and fees, and a longer license suspension.
The situations in which a DUI can be charged as a felony are when the driver has three previous DUI convictions. These convictions can be in states other than California. Another time a DUI can be charged as a felony is if the driver has a previous felony DUI. A final way that a DUI can be charged as a felony is when there is an accident that seriously injures or kills another person.
KGET reports that a man has been arrested after a DUI crash in Bakersfield.
The crash occurred at about 2:20 a.m. on Bena Road at Neumarkel Road.
The California Highway Patrol reported that they received a report of a crash involving two vehicles. An investigation revealed that 26-year-old Jose Toro was driving a 2016 BMW westbound on Bena Road. A second vehicle, driven by a 21-year-old male was traveling eastward.
Toro veered into oncoming traffic, directly in the path of the oncoming Subaru. He caused a head-on collision. The driver of the Subaru was pronounced dead at the scene. A 19-year-old passenger suffered from minor injuries and was treated at a local hospital.
Toro suffered minor injuries as well. He was treated and was arrested under suspicion of DUI.