When Does a DUI Become a Felony in California?
If you drive after consuming alcohol or drugs or both, you could face criminal charges. Driving under the influence of drugs or alcohol (DUI) in California is often a misdemeanor, but there are aggravating circumstances that could elevate the penalties into a felony. A felony charge can lead to time in state prison, in addition to losing some civil rights, such as owning a firearm, voting rights, obtaining state licenses and serving in the Armed Forces. If you are charged with a DUI, it’s crucial to have an aggressive and experienced defense lawyer fighting on your behalf.
One manner in which a DUI commonly becomes a felony charge is if it is your fourth DUI in 10 years. Prior offenses could also include equivalent offenses from another state or even “wet reckless” charges. However, certain mitigating circumstances, such as having a BAC barely over the legal limit, could encourage a judge to designate the DUI as a misdemeanor and/or help to reduce the punishment. We at Vallens Law will do everything in our power to advocate for you, no matter the facts of your particular case.
Another aggravating factor is having a previous felony DUI. Whether or not a previous felony caused an injury or fatality, having a prior felony DUI on your record could cause a new DUI to automatically be a felony.
Causing an injury while driving under the influence can be a felony, even if it is your first offense. Whether a DUI that causes injuries is a misdemeanor or a felony depends on the specific facts of your case. Minor scrapes from a first-time fender bender? That could potentially be a misdemeanor. Major injuries, or previous DUI charges are likely to be a felony. Whatever situation you are in, hiring the right lawyer can often make a significant difference in the outcome of your case.
Causing a fatality while driving under the influence of drugs or alcohol can be more severe than any other DUI if convicted, as the penalties can range from manslaughter to second-degree murder. The three possible charges the prosecution could pursue are:
- Vehicular manslaughter while intoxicated. In this case, the prosecution must prove you were acting with negligence, such as speeding or having a DUI well over the legal limit.
- Vehicular manslaughter with gross negligence, a more severe penalty, meaning that you were driving in a way that a reasonable person could see as dangerous, such as texting and driving or running red lights.
- A Watson Murder, which is a second-degree murder charge. Named after a California Superior Court case, this charge carries the most severe penalties of any DUI case. To charge you with a Watson murder, the prosecution must prove you knew you were acting in a way that could endanger a human life and did so anyway. While this can be difficult for a prosecutor to prove, if you have a previous DUI conviction on your record, the prosecution will argue that you were aware of the dangers of driving under the influence.
Being charged with a DUI can be more than simply scary and confusing, it can be devastating to your career, your family, your finances and more. Remember, you do not have to go through this experience on your own. An experienced defense attorney can help to mitigate, reduce your punishment and guide you through the process from setting a DMV hearing to alternative sentencing options. Book a free consultation with us to discuss how we can make a strategy and give you the best chance possible to protect your freedom.
Attorney Jeffrey Vallens (818) 783-5700 or (805) 230-3651
Email us at: jv@4criminaldefense.com or visit our sites: