Is a DUI a Felony in the State of California?
A Direct Answer: It’s Complicated
In the state of California, driving under the influence (DUI) can be charged as either a misdemeanor or a felony, depending on various factors. The good news is that not all DUIs are felonies. However, in certain circumstances, a DUI can escalate to a felony charge. Let’s break it down:
California DUI Laws
In California, DUI is a misdemeanor offense if it’s a first-time offense, with a blood alcohol content (BAC) of 0.08% or higher, and there’s no harm or injury caused to another person or property. The penalty for a misdemeanor DUI typically includes:
- Jail time: Up to one year
- Fine: Up to $1,000
- License suspension: Up to 4 years
- Mandatory minimum sentence of 48 hours in jail or 90 days of house arrest
- 3-4 years of formal probation
- Attendance at a DUI program (MIP)
However, if there are aggravating circumstances, such as:
- Second or subsequent DUI offense, the charge can become a felony
- Accident resulting in injury or death, the charge can become a felony
- Refusal to submit to a chemical test, the charge can become a felony
- Minor injured or killed, the charge can become a felony
- Driver’s BAC was 0.15% or higher, the charge can become a felony
the charge will be elevated to a felony.
Felony DUI in California
Fourth or subsequent DUI offense is a felony under California Vehicle Code Section 23175(a). A fourth DUI conviction within a 10-year period will result in a felony charge, with the following penalties:
- Prison time: 16 months to 4 years
- Fine: Up to $5,000
- License suspension: Indefinite
- 3-5 years of formal probation
- Mandatory minimum sentence of 90 days in prison
- Attendance at a felony DUI program (FDP)
Felony DUI with Injury or Death
If a DUI offense results in serious bodily injury or killing another person, the charge will be elevated to a felony under California Vehicle Code Section 23153(a). A conviction for felony DUI with injury or death can result in:
- Prison time: 2 to 10 years
- Fine: Up to $10,000
- License suspension: Indefinite
- 3-5 years of formal probation
- Mandatory minimum sentence of 180 days in prison
- Attendance at a felony DUI program (FDP)
Felony DUI Refusal
Refusing to submit to a chemical test or breathalyzer can lead to a felony charge under California Vehicle Code Section 23152(d). A conviction for felony DUI refusal can result in:
- Prison time: 16 months to 4 years
- Fine: Up to $5,000
- License suspension: Indefinite
- 3-5 years of formal probation
- Mandatory minimum sentence of 90 days in prison
- Attendance at a felony DUI program (FDP)
Key Takeaways
• A first-time DUI in California is typically a misdemeanor offense, unless there are aggravating circumstances.
• Second or subsequent DUI offenses, injury or death resulting from a DUI, DUI refusal, or a BAC of 0.15% or higher can escalate to a felony charge.
• The penalties for a felony DUI in California are significantly harsher than those for a misdemeanor DUI.
What to Do if You’ve Been Arrested for DUI in California
If you’ve been arrested for DUI in California, it’s essential to:
- Remain calm and cooperate with the arresting officer
- Seek legal advice from an experienced DUI attorney
- Contest the charges, if possible
- Understand the penalties and potential consequences
- Consider seeking help from a DUI program or rehabilitation center
In conclusion, a DUI in California can be a complex offense, and the charge can vary depending on the circumstances. Understanding the laws and penalties associated with DUI in California is crucial to navigating the legal system effectively.
