A DUI is usually charged as a misdemeanor — unless one of these circumstances exist.
Under California law, a charge of driving under the influence is a criminal offense, and being convicted of DUI will result in a person having a criminal record. Most people are relieved to find out the majority of DUI charges are misdemeanors, which is the less serious type of criminal charge. However, there are situations where a prosecutor can choose to charge a DUI as a felony. Being charged with a felony DUI is a very good reason to hire a top-notch DUI lawyer in Irvine, CA.
DUI charges are considered “wobblers” under California law because it can be charged as either a felony or a misdemeanor depending on the specific facts of the case. In most cases, a DUI is charged as a misdemeanor offense, whether it is a first, second or third offense. If there are special circumstances present, known as aggravating factors, then the sentence may be increased or the prosecutor may choose to charge the DUI as a felony. Aggravating factors include driving drunk with a child in the vehicle, refusing to take a chemical test, displaying excessive speed, or driving with a very high blood alcohol content (BAC). If these factors are present, the prosecutor can choose to charge a defendant with a felony offense and even a separate charge (such as child endangerment).
In addition, a prosecutor can charge a person with a felony DUI if he or she has multiple prior DUI convictions. This includes any convictions for an alcohol-related driving offense in the past 10 years, including “wet reckless” convictions. It may also include convictions from other states, provided that the offense in the other state would constitute a DUI in California as well. If you have three or more prior offenses, then the fourth or greater DUI can be charged as a felony.
A prosecutor may also choose to charge a driver with a felony DUI if he causes injury or death to another person. To make this charge, the prosecutor has to show that the defendant drove under the influence of alcohol or drugs and either committed a different driving violation or were otherwise negligent in driving. If doing this led to a person (other than you) being injured or dying, then it could be charged in one of three ways: DUI causing injury, DUI vehicular manslaughter or DUI second degree murder (also called Watson murder). As with other felony DUI charges, how this type of DUI is charged will depend on your driving record and the facts of the case.
Finally, a prosecutor can choose to charge a person with a felony DUI if he or she has any prior felony DUI record. It does not matter if this conviction was more than ten years ago; if you have ever had a felony DUI conviction — for any reason — any subsequent DUI will be charged as a felony.
If you have been changed with a felony DUI, you will face heightened sentencing — including the possibility of jail time. That makes it all the more important that you have an experienced DUI lawyer. In Irvine, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We offer free initial consultations to help you understand your rights, and we will work hard to ensure that your rights are protected.
