Driving under the influence (DUI) of drugs or alcohol is a severe criminal charge in California, irrespective of the circumstances. Yet, the gravity of the charges and potential penalties can significantly escalate when a DUI offense transitions from a misdemeanor to a felony. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation if you have been charged with a DUI offense.
Misdemeanor vs Felony DUI
Typically, most DUIs are treated as misdemeanors. However, this doesn’t mean they’re not serious. Consequences of a misdemeanor DUI conviction can include hefty fines, imprisonment, and suspension of a driving license. When specific aggravating circumstances exist, the DUI charge may escalate to a felony with stricter penalties upon conviction.
According to California Vehicle Code Section 23153, it’s illegal to injure another person while driving under the influence of drugs or alcohol with a Blood Alcohol Concentration (BAC) of 0.08% or more, or 0.04% or more for commercial drivers. The prosecutor must establish a direct causal link between the driver’s actions and the injury inflicted on another person.
Circumstances Leading to Felony DUI Charges
A DUI may be classified as a felony if:
- The DUI led to an accident that caused bodily injury or death
- The accused has three or more prior DUI or “Wet Reckless” convictions within the past decade
- The defendant has a prior conviction for Felony DUI
If any of these circumstances are present, you may face felony DUI charges. If you’re arrested for DUI, regardless of whether it’s a misdemeanor or felony, it’s crucial to contact a seasoned DUI defense attorney, like those at Chambers Law Firm.
Potential Penalties for Felony DUI in California
A felony DUI conviction (without injury) typically carries the following penalties:
- Up to three years of imprisonment
- Thousands of dollars in fines and fees
- Mandatory license suspension of up to four years
- 30 months of mandatory DUI education
- Restitution to victims (if any)
For a first-offense felony DUI that results in injury, the penalties increase to:
- Up to three years in state prison, with an additional year for each victim. If the injury is deemed a “Great Bodily Injury” (GBI), the prosecution can add three more years.
- A DUI with GBI would count as a “Strike” under California’s Three Strikes Law
- Up to $5,000 in fines and fees
- Restitution to injured parties
- Up to five years of driver’s license suspension
- 30 months of DUI education
Vehicular Manslaughter While Intoxicated
If a person dies due to the unlawful or negligent operation of a vehicle by a driver with a BAC of 0.08% or higher, the driver can be charged with Vehicular Manslaughter While Intoxicated (Without Gross Negligence), punishable by up to four years in state prison.
If the driver is proven to have acted with gross negligence while under the influence, causing an accident resulting in death, they can be charged with Gross Vehicular Manslaughter. This felony carries a penalty of up to 10 years in state prison.
Legal Assistance When You Need It Most
A felony DUI conviction can have life-altering consequences. If you or a loved one have been charged with a felony DUI, do not hesitate to contact Chambers Law Firm for a free and confidential consultation to understand your legal options. Our experienced attorneys are ready to assist you.
