Learn the difference between felony and misdemeanor DUIs in California.
Over the past twenty to thirty years, most Californians have learned that drinking and driving is a serious offense. The number of people killed or seriously injured by drunk drivers in California and across the country each year is staggering, which is why the state of California punishes this crime so harshly. Yet many people are surprised to learn that many first, second and even third-time DUI offenses in California are charged are misdemeanors.
Misdemeanor crimes are considered to be less serious than felony offenses, punishable by up to one year in county jail. A misdemeanor DUI conviction will still result in stiff penalties, including a license suspension, mandatory DUI school, potential jail time, probation, community services, fines and fees. However, there are some situations in which a prosector can charge even a first-time DUI case as a felony crime — and the resulting consequences can be even more severe. Read on to learn more from an experienced Los Angeles DUI defense lawyer about when a prosecutor can charge a California DUI as a felony.
A prosecutor will charge a California DUI as a felony if there are certain aggravating factors present in the case. Aggravating factors are circumstances or situations that make a DUI more serious. For example, causing serious bodily injury or death is considered an aggravating factor that will turn a misdemeanor DUI offense into a felony DUI. Without any aggravating factors, you will likely be charged with a misdemeanor DUI, even if it is your first, second or third DUI offense. However, if specific factors are present in your case, you will likely be charged with a felony DUI. These include:
- Causing death to another person;
- Causing injury to another person;
- Having one or more prior felony DUI convictions;
- Having three or more prior DUI or “wet reckless” convictions during the prior ten years (the look back period)
If you have three or more prior DUI convictions or you caused injury to another person while driving under the influence, the prosector can charge you with either a felony or a misdemeanor DUI. These situations are known as “wobblers,” where the prosecutor can choose to charge you with either a felony or a misdemeanor based on the facts of the case and your criminal history.
Felony DUIs carry significant penalties, particularly when compared to misdemeanor DUIs in California. If you are convicted of a felony DUI, you could be sent to prison for up to three years in prison (for a fourth DUI offense) or longer, depending on the exact nature of the DUI in your case. For example, if you were driving drunk and caused an accident that resulted in the death of another person, you could be sentenced to up to 10 years in prison foe vehicular manslaughter.
If you have been charged with a DUI, particularly one that may lead to felony charges, you will need the experience and skill of the Los Angeles DUI defense lawyers of the Chambers Law Firm. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you.
