There are three ways that a DUI may be charged as a felony.
Driving under the influence (DUI) of alcohol and/or drugs is a criminal offense in California. In most cases, DUI is charged as a misdemeanor, which is a less serious offense. However, in some situations, the DUI is so significant that it is charged as a felony.
As a DUI defense attorney in Rancho Cucamonga, CA can explain, there are three times that a DUI may be charged as a felony under California law. This occurs whenever a person is a repeat DUI offender or if the offense involved an accident that hurt or killed another person.
First, a DUI may be charged as a felony if it is your fourth or greater offense within the past 10 years. This is known as the look back period. A DUI is considered a “priorable” offense in California. As such, each subsequent offense will result in greater penalties or convictions. 3 or more prior DUI convictions within the 10 year look back period means that a 4th offense will be charged as a felony.
Importantly, prior offenses do not just include California DUI charges. In addition, if you are convicted of (1) “wet reckless” (usually as a result of a plea bargain, this charge means reckless driving involving drugs or alcohol); or (2) an out-of-state conviction that would be a DUI offense if it would be committed in California, these convictions will count as prior offenses.
Second, if you have a prior felony DUI conviction, then any additional DUI conviction will be charged as a felony DUI. Even if the current charge is a simple or misdemeanor DUI, you will still be charged with a felony DUI. This may happen if you have a prior felony DUI conviction that caused injury or death, or if you previously had a felony DUI conviction due to multiple prior offenses — even if the most recent charge is not within the 10 year look back period.
Third, if you hurt or injured another person while driving under the influence and either committed another vehicle code violation or drove in a negligent manner (other than simply being intoxicated), you may be charged with a felony DUI. This may be charged as DUI causing injury, vehicular manslaughter while intoxicated, or as DUI second degree murder depending on the facts of your case.
A felony DUI is an incredibly serious offense. According to a DUI defense attorney in Rancho Cucamonga, CA, it may result a period of incarceration in California State Prison, significant fines, and the loss of your driver’s license for several years. For these reasons, it is critical to work with a lawyer who is highly skilled and will take an aggressive approach to defending you against this type of charge.
As a former prosecutor, attorney Dan E. Chambers understands how these types of charges are handled by the district attorney’s office. He uses that knowledge to help defend his clients against all levels of DUI charges, including felony DUIs. Contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to learn more or to schedule a free initial consultation.
