When a DUI Becomes a Felony in California

Driving under the influence (DUI) is a serious offense with severe consequences in California. Most first and second DUI offenses are charged as misdemeanors. However, under certain circumstances, a DUI charge can be elevated to a felony.

Felony DUI Circumstances

There are several situations where a California DUI is charged as a felony:

• Third DUI offense within 10 years
• Prior felony DUI conviction
• DUI causing injury or death
• DUI with passengers under age 14
• Driving the wrong way on a freeway

Punishments for Felony DUI

A felony DUI conviction brings much harsher penalties than a misdemeanor DUI. Possible sentences include:

• 16 months to 3 years in state prison
• Fines up to $1,000
• License suspension for 4 years
• Ignition interlock device required for 2-3 years

DUI Causing Injury or Death

One of the most common ways a DUI becomes a felony is when the drunk driving results in injury or death. A DUI injury can bring 3-6 years in prison. A DUI fatality may be charged as second degree murder, carrying a penalty of 15 years to life.

Long-Term Consequences

Beyond the immediate penalties, a felony DUI also brings long-term consequences. It remains on your criminal record for life, limiting jobs and housing opportunities. Firearm ownership is prohibited and auto insurance rates increase dramatically.

Fighting Felony DUI Charges

The high stakes make it critical to have an experienced DUI defense attorney when facing felony DUI charges. They can evaluate the arrest details for improper procedures, errors and lack of evidence to get charges reduced or dismissed. Don't risk taking on a felony DUI alone.

A felony DUI charge in California should be taken very seriously. Understanding when a DUI becomes a felony and seeking skilled legal representation provides the best defense against harsh penalties that can alter the rest of your life.