Is a DUI a Felony in California?

Is a DUI a Felony in California?

Driving while under the influence (DUI) is a very serious crime in California. You may be wondering, “Is a DUI a felony in California?” The consequences and classification will depend on the circumstances surrounding the incident. Knowing these distinctions can help drivers understand the potential charges against them.

Is a DUI a Felony?

In California, a DUI can be charged as a misdemeanor or a felony. It will all depend on the circumstances surrounding the DUI and if there are any aggravating factors present. Certain things can elevate an otherwise misdemeanor to a felony if the situation is serious enough. A skilled DUI attorney in Riverside, CA can analyze your situation and work to safeguard your rights throughout the legal process.

When Is a DUI a Misdemeanor?

Generally speaking, a first-time DUI is considered a misdemeanor, especially if no harm or damage was done to another person or their property. A DUI is considered a first-time offense if it is the first one in a ten-year time span. Subsequent offenses may also be considered misdemeanors, but they will usually carry heftier penalties. Consequences include fines, potential jail time, probation, and participation in DUI classes.

When Is a DUI a Felony?

A DUI becomes a felony under certain circumstances. These circumstances usually involve continued DUI offenses or serious or grossly negligent and dangerous behavior. Factors that could make a DUI a felony include:

• Fourth or subsequent offense. If an offender has four or more DUIs in the last ten years, it will then be classified as a felony.
• A prior felony DUI conviction. If you had a previous felony DUI conviction, any subsequent DUIs will also be classified as such.
• Causing injury or death. If you were driving while under the influence and it resulted in an accident-causing injury or death to another person, this will be considered a felony. Additional charges may also be added considering the circumstances, such as vehicular manslaughter, which carries serious penalties.

Aggravating Factors

Another thing that can elevate a DUI to a felony is having aggravating factors present. These factors increase the severity of a DUI. Some common aggravating factors include:

• Driving with an unusually high BAC level. In California, the blood alcohol content legal limit is .08% for the average driver. Anything exceeding this is considered outside the legal range. If you are caught driving with an unusually high limit (twice the limit or more), you can be charged with a felony.
• Having minors in the car. Having minors in the car while driving intoxicated, especially those that are significantly young, is considered a serious offense and can bring felony charges, as it is considered child endangerment.
• Reckless driving. Recklessly driving or driving excessively over the speed limit can also bring more severe charges. This is seen as breaking multiple laws at once (driving while intoxicated and disobeying traffic laws).

Penalties for Felony DUIs

The penalties for a felony DUI are much harsher than those for a misdemeanor DUI. The severity of the penalty will depend on the circumstances of the DUI and whether any aggravating factors were present. Penalties include:

• Fines
• Incarceration
• License suspension
• Probation
• Ignition interlock device
• DUI education program participation

In addition to these legal penalties, you can also face social and civil penalties, including:

• Criminal record. A criminal record can put restrictions on your freedoms, such as your ability to own a firearm. It can also hinder you from employment and housing opportunities.
• Financial burden. DUIs can be costly. In addition to fines ordered by the court, other penalties may be required at the offender’s expense. For example, if you are required to install an ignition interlock device on your vehicle, this cost will be your responsibility. You may also have legal fees and lost wages for any time spent in court or incarcerated.
• Social penalties. Having a felony DUI comes with a social stigma that can affect personal and professional relationships.

Can I Get a Felony DUI Reduced to a Misdemeanor?

In certain circumstances, a felony DUI can be requested to be classified as a misdemeanor. For instance, if the offense was non-violent in nature and did not cause harm to others, it can possibly be reduced. You will also want to complete all requirements given by the court to show your cooperation. This may work in your favor.

FAQs About DUI a Felony in California

Is DUI in California a Felony or Misdemeanor?

In California, a DUI can be classified as a felony or a misdemeanor. Misdemeanors make up the majority of first and second offenses. However, if there are substantial aggravating circumstances, such as inflicting harm or death, having a previous felony DUI conviction, or this being the fourth occurrence in a ten-year period, a DUI may be charged as a felony.

When Does a DUI Become a Felony in California?

A DUI becomes a felony in California if there are certain factors present, including aggravating circumstances, if the person has a previous felony DUI conviction, or if they have had three or more previous DUI convictions. Aggravating factors include causing death or injury to another person, driving with minors in the vehicle, having an excessively high BAC level, and driving recklessly.

How Long Does a DUI Stay on Your Record in California?

A DUI remains on your driving record for ten years in California, during which time it is visible to law enforcement and insurance companies. On the other hand, unless purged, it stays on your permanent criminal record. When deciding on punishments for subsequent DUI convictions, the 10-year period is considered.

What Is the Sentence for a First Time DUI in California?

Penalties for a first-time DUI in California usually include fines, license suspension, DUI education classes, and a jail sentence. Additionally, probation is frequently used with conditions like required sobriety and adherence to court orders. A criminal defense attorney can help you understand what penalties you may face in your specific case.

Contact The Law Office of Daniel P. Flores Today

At The Law Office of Daniel P. Flores, we know how serious a DUI charge can be to your life. We can help fight for your rights if you have been charged. Contact us today to get started.