What is Felony DUI in California?
In California, driving under the influence (DUI) of alcohol or drugs is a serious offense that can result in severe penalties, including imprisonment. A felony DUI, also known as a "wobbler" offense, is a more severe charge that can carry longer sentences and more severe consequences than a misdemeanor DUI.
What is the Difference between Misdemeanor and Felony DUI in California?
In California, DUI offenses are typically classified as either misdemeanors or felonies. The main difference between the two is the severity of the offense and the potential penalties.
- Misdemeanor DUI:
- Typically involves a first-time offense with a blood alcohol content (BAC) of 0.08% or higher
- Can result in up to 1 year in county jail and a fine of up to $1,000
- May require completion of a DUI program and installation of an ignition interlock device (IID) on the offender’s vehicle
- Felony DUI:
- Typically involves a second or subsequent offense, or an offense that causes serious injury or death
- Can result in 2-4 years in state prison and a fine of up to $5,000
- May require completion of a DUI program and installation of an IID on the offender’s vehicle
When is a DUI Considered a Felony in California?
A DUI is considered a felony in California under the following circumstances:
- Second or Subsequent Offense: If an individual has been convicted of a DUI within the past 10 years, they may be charged with a felony DUI.
- Serious Injury: If a DUI causes serious bodily injury to another person, the offense is considered a felony.
- Death: If a DUI results in the death of another person, the offense is considered a felony.
- Refusal to Submit to a Chemical Test: If an individual refuses to submit to a chemical test, such as a breath or blood test, and has a prior DUI conviction, they may be charged with a felony DUI.
- DUI with a Child Passenger: If an individual is driving under the influence with a child under the age of 14 in the vehicle, they may be charged with a felony DUI.
Penalties for Felony DUI in California
The penalties for a felony DUI in California are severe and can include:
- Imprisonment: 2-4 years in state prison
- Fine: Up to $5,000
- DUI Program: Completion of a DUI program, such as the California DUI Program (CDP)
- Ignition Interlock Device: Installation of an IID on the offender’s vehicle
- License Suspension: Suspension of the offender’s driver’s license for a period of 4 years
- Criminal Record: A felony conviction on the offender’s criminal record
Defenses to Felony DUI in California
While the penalties for a felony DUI are severe, there are several defenses that an individual may use to challenge the charges:
- Lack of Probable Cause: If the police did not have probable cause to stop the individual, the charges may be dismissed.
- Improper Arrest: If the individual was improperly arrested, the charges may be dismissed.
- Inaccurate Breath or Blood Test: If the breath or blood test was inaccurate or improperly administered, the charges may be challenged.
- DUI Program Completion: If the individual completes a DUI program, they may be eligible for a reduction in charges or penalties.
Conclusion
A felony DUI in California is a serious offense that can result in severe penalties, including imprisonment. It is important for individuals to understand the laws and penalties surrounding DUI offenses in California, and to seek legal representation if they are charged with a felony DUI. By understanding the defenses available and the potential penalties, individuals can make informed decisions about their case and work towards a favorable outcome.
