DUI offenses are one of the most commonly committed crimes in the United States. This often leads people to assume that it must be a fairly minor crime. This is not true. If you are charged with a DUI in California, you could face very serious charges. In fact, you may even face a felony charge. Read on to learn more about the potential for being charged with a felony, then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The Legal Limit
You may know that most drivers must have a BAC below 0.08% or they can be guilty of driving under the influence. However, that limit is different for some people. For example, a driver who is not yet 21 can be charged with a DUI offense if there is any alcohol at all in their bloodstream – including 0.01%. A commercial driver must have a BAC of 0.04% or lower to legally drive. Finally, if you refuse to allow an officer to determine your BAC by refusing a breathalyzer or other chemical test, you will be considered guilty of a DUI.
DUI is a Wobbler Offense
When we say DUI is a wobbler offense, we are discussing the fact that you can be charged with either a misdemeanor DUI charge or a felony DUI charge. Most are charged as misdemeanors but there are situations that can lead a prosecutor to charge a DUI as a felony. The most common is repeat offenders – a person with three or more previous DUIs on their record is likely to have their fourth charged as a felony.
In the event it is not a person’s fourth charge, they can still be charged with a felony if the following three requirements are met:
- The driver committed a traffic violation.
- The driver injured a third-party.
- The injury was caused by the traffic violation the driver committed.
Of course, the defense must also prove that a DUI charge is relevant at all. If any of these can be shown to be false then the felony should not be charged.
Felonies Come with Much More Serious Penalties
The difference between a misdemeanor and felony charge is the difference between night and day. In fact, a felony DUI charge can come with a minimum of six months in jail, fines of up to $3,000, and a license suspension for four years. You will also be required to complete at least 18 months of alcohol education. The worst part may be having a felony conviction on your record. This can prevent you from getting a job, getting a professional license, and finding a place to live.
If you have been charged with a felony DUI there are options for you. The first step is to talk to an experienced DUI attorney who can find the best possible defense option. Contact Chambers Law Firm now at 714-760-4088.
