Is a dui a felony in California?

Is a DUI a Felony in California?

In the state of California, Driving Under the Influence (DUI) is a serious offense that can have severe consequences. While a DUI is typically considered a misdemeanor, there are certain circumstances under which it can be upgraded to a felony charge. In this article, we will explore the complexities of DUI laws in California and answer the question: Is a DUI a felony in California?

Is a DUI a Felony in California?

The short answer is: it depends. A DUI in California is typically a misdemeanor, punishable by up to 1 year in jail, a fine of up to $2,000, and a suspension of driving privileges for 6 months to 3 years. However, there are several circumstances under which a DUI can be upgraded to a felony charge:

• Third-time offender: If you have two prior DUI convictions within the past 10 years, a third DUI offense can be charged as a felony, punishable by 16 months to 3 years in state prison.
• Injury or death: If your DUI causes serious bodily injury or death to another person, you can be charged with a felony DUI, punishable by 2 to 4 years in state prison.
• Commercial vehicle: If you were driving a commercial vehicle, such as a truck or bus, and you had a BAC of 0.04% or higher, you can be charged with a felony DUI, punishable by 2 to 4 years in state prison.
• Prior felony conviction: If you have a prior felony conviction, you can be charged with a felony DUI, punishable by 2 to 4 years in state prison.

Penalties for a Felony DUI in California

The penalties for a felony DUI in California are significantly more severe than those for a misdemeanor DUI. A felony DUI conviction can result in:

• Prison time: 2 to 4 years in state prison
• Fines: Up to $10,000
• License suspension: 4 years
• Probation: 5 years
• Restitution: Up to $50,000

How is a DUI Charge Upgraded to a Felony?

In California, a DUI charge is typically upgraded to a felony when there are aggravating circumstances, such as:

• Prior criminal record: A prior felony conviction or a history of DUI arrests and convictions can increase the likelihood of a felony charge.
• Injury or death: If a DUI causes serious bodily injury or death to another person, the charge will likely be upgraded to a felony.
• Repeat offender: If you have multiple prior DUI convictions, the third or subsequent offense may be charged as a felony.

What to Do if You are Charged with a Felony DUI in California

If you are charged with a felony DUI in California, it is essential to take immediate action to protect your rights. Here are some steps you can take:

• Contact a lawyer: Hire an experienced DUI lawyer who is familiar with the legal system in California.
• Post a bond: If you are arrested and jailed, you will need to post a bond to secure your release.
• Cooperate with the investigation: Answer questions truthfully and provide any requested information to help your lawyer build a strong defense.
• Challenge the evidence: Work with your lawyer to challenge any evidence that may be used against you, such as blood alcohol tests or eyewitness accounts.

Conclusion

In conclusion, while a DUI is typically considered a misdemeanor in California, there are certain circumstances under which it can be upgraded to a felony charge. If you are charged with a felony DUI, it is essential to take immediate action to protect your rights and build a strong defense. By understanding the laws and penalties surrounding DUI in California, you can better navigate the legal process and avoid severe consequences.

Table: DUI Penalties in California

Table: Circumstances that can Upgrade a DUI to a Felony

I hope this article has provided a comprehensive overview of the laws and penalties surrounding DUI in California. If you have any further questions or concerns, please don’t hesitate to reach out.