In some situations, a prosecutor has discretion to charge a DUI as either a felony or a misdemeanor.
When it comes to criminal charges, prosecutors in California have a certain amount of leeway in how they charge cases. Guided by the law, prosecutors typically charge first-time DUI offenses as misdemeanors, which is the less serious category of crimes. However, in some cases, a prosecutor can charge you with a felony offense. Felonies are the more serious type of criminal offense that can lead to much more significant consequences, including jail time. This is what is known as a wobbler: a crime that can be charged as either a felony or a misdemeanor depending on the facts of the case, your criminal history and the prosecutor’s discretion.
As experienced DUI lawyers in Pomona, California, the attorneys of the Chambers Law Firm know that presenting a strong case for the lesser charge to prosecutors can often make the difference in how a case is handled. Read on to learn more about wobblers — and how having a seasoned DUI lawyer in Pomona, California is often the key to a better outcome.
Felony Versus Misdemeanor DUIs
In California, a felony DUI is a much more serious offense. A misdemeanor DUI is punishable by up to six months in the county jail, although most first-time misdemeanor DUI convictions typically result in probation rather than jail time. By contrast, a felony charge can be punished by a year or more in a California state prison.
When DUI Cases Become Wobblers
DUI cases are typically classified as wobblers in three types of cases: when the driver has prior DUI convictions in the past ten years, when someone other than the driver was injured by the drunk driving, and when a death results from the DUI.
In almost any case involving an injury (other than to the drunk driver) and in all cases involving a death, a DUI will typically be charged as a felony. Prosecutors tend to push for the charge that carries the greatest punishment in cases involving injury and especially death — which means the felony charge in these cases. An experienced DUI defense lawyer may be able to work with the prosecutor to have a felony DUI with injury charged as a misdemeanor through either a plea bargain. A DUI involving a death (vehicular homicide, manslaughter or second-degree murder) will always be charged as a felony. Anytime a DUI case involves a death, it is wise to have a highly skilled DUI lawyer in Pomona, CA to represent you given the seriousness of the charge and the high potential for significant consequences.
If a driver has three or more prior DUI charges within the past ten years of the current arrest, the DUI will be charged as a felony even if no one was injured or killed. These prior convictions (including those for a “wet reckless”) must be proven by the prosecutor to support a felony DUI conviction. An aggressive and experienced DUI lawyer may be able to establish that the prosecutor has not proven these prior convictions as required by law.
DUI wobbler cases demonstrate the importance of having a highly skilled DUI attorney. In Pomona, CA, the Chambers Law Firm has significant experience in negotiating with prosecutors to achieve favorable outcomes — including having wobblers charged as misdemeanors or having charges reduced or dismissed. Contact our office today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you if you have been charged with a DUI in Pomona or the surrounding areas.
