What is a Felony DUI in California?
In California, a felony DUI (Driving Under the Influence) is a serious criminal offense that carries severe penalties, including imprisonment and fines. In this article, we will explore what constitutes a felony DUI in California, the consequences of being convicted, and the legal defenses available to those accused.
What is a Felony DUI?
A felony DUI in California is committed when a person is driving under the influence of drugs or alcohol and causes serious injury or death to another person. The crime is considered a felony when the defendant’s blood alcohol concentration (BAC) is 0.15% or higher or when they have a prior DUI conviction within the past 10 years.
Consequences of a Felony DUI Conviction
If convicted of a felony DUI in California, the consequences can be severe:
- Imprisonment: Up to 4 years in state prison
- Fines: Up to $5,000
- License Suspension: 4 years
- Community Service: Up to 1 year
- Mandatory Participation in a DUI Treatment Program: 18 months
Factors that can elevate a DUI to a Felony
Several factors can elevate a DUI to a felony, including:
• Serious Injury or Death: If the DUI causes serious injury or death to another person
• Prior DUI Convictions: If the defendant has a prior DUI conviction within the past 10 years
• High BAC: If the defendant’s BAC is 0.15% or higher
• Hit-and-Run: If the defendant flees the scene of the accident
• Aggravating Circumstances: If the defendant was driving recklessly or with a prior DUI conviction
Defenses to a Felony DUI Charge
While the consequences of a felony DUI conviction are severe, there are several legal defenses that can be raised to challenge the charge:
• Innocence: If the defendant was not driving or was not under the influence of drugs or alcohol
• Lack of Probable Cause: If the police did not have probable cause to stop or arrest the defendant
• Inaccurate Breathalyzer or Blood Test: If the breathalyzer or blood test results are inaccurate or unreliable
• Medical Condition: If the defendant has a medical condition that can be mistaken for intoxication
• Police Misconduct: If the police engaged in misconduct or used excessive force
Penalties for Felony DUI with Prior Convictions
If a defendant has a prior DUI conviction, the penalties for a subsequent felony DUI conviction are more severe:
| Prior Convictions | Penalties |
|---|---|
| 1 Prior Conviction | 2-4 years in state prison |
| 2 Prior Convictions | 3-6 years in state prison |
| 3 or More Prior Convictions | 4-8 years in state prison |
Felony DUI Sentencing Options
In California, felony DUI offenders may be eligible for various sentencing options, including:
• Prison Sentence: The defendant may be sentenced to serve time in state prison
• County Jail Sentence: The defendant may be sentenced to serve time in county jail
• Community Supervision: The defendant may be placed on community supervision, also known as probation
• DUI Treatment Program: The defendant may be required to participate in a DUI treatment program
Conclusion
A felony DUI in California is a serious criminal offense that carries severe penalties. If you have been accused of a felony DUI, it is essential to seek the advice of an experienced criminal defense attorney who can help you navigate the legal system and present a strong defense. By understanding the factors that can elevate a DUI to a felony and the legal defenses available, you can take the first step towards protecting your rights and freedoms.
