DUI – Felony

In California, a DUI (driving under the influence) can be charged as a felony in certain circumstances. Felony DUIs carry much more severe penalties compared to misdemeanor DUI charges, including longer prison sentences, larger fines, and more lasting consequences. Here’s an overview of when a DUI can become a felony in California and the associated penalties.

When Does a DUI Become a Felony in California?

A DUI can be charged as a felony under the following circumstances:

  1. Fourth DUI Offense: A DUI becomes a felony if it is the driver’s fourth or subsequent                     DUI offense within a 10-year period. This includes DUI convictions in other states if they are comparable to California’s DUI laws.
  2. DUI Causing Injury (California Vehicle Code 23153): If a DUI results in bodily injury to another person, it can be charged as a felony. The severity of the injury can impact the level of the charge. If the victim suffers “great bodily injury” (GBI), which refers to significant or substantial physical harm, the penalties can be enhanced.
  3. DUI Causing Death (Vehicular Manslaughter): If a DUI causes a fatality, the driver can be charged with vehicular manslaughter or even second-degree murder under                      California’s “Watson Murder” rule. This typically applies if the driver has previous DUI convictions and has been warned about the dangers of DUI.
  4. Felony DUI with a Prior Felony DUI Conviction: If the driver has been convicted of any felony DUI in the past, any subsequent DUI will automatically be charged as a felony, even if there are no injuries or aggravating factors in the current case.

Penalties for Felony DUI

The penalties for a felony DUI in California are much more severe      than for misdemeanor DUI. The specific penalties depend on the   nature of the offense and whether it caused injury or death.

Fourth DUI Offense (Felony DUI Without Injury)

  • Prison Sentence: 16 months, two years, or three years in state prison.
  • Fines: Up to $1,000, plus penalty assessments that can significantly increase the total amount.
  • License Suspension: Four-year license revocation.
  • DUI School: Mandatory completion of a DUI education program (up to 30 months).
  • Probation: Three to five years of formal probation.
  • Ignition Interlock Device (IID): Mandatory installation of an IID on all vehicles driven by the offender.

Felony DUI Causing Injury (California Vehicle Code 23153)

  • Prison Sentence: 16 months, two years, or three years in state prison.
  • Fines: $390 to $5,000, plus additional penalty assessments.
  • License Suspension: Up to five years.
  • Restitution: Payment to the injured party for medical bills or other damages.
  • Probation: Formal probation for three to five years.
  • DUI School: 18 to 30 months of DUI education.

Great Bodily Injury (GBI) Enhancement: An additional three to six years may be added to the prison sentence if the victim suffered great bodily injury.

Felony DUI Causing Death (Vehicular Manslaughter)

  • Gross Vehicular Manslaughter While Intoxicated (California Penal Code 191.5(a)):
    • Prison Sentence: Four, six, or ten years in state prison.
    • Fines: Up to $10,000.
    • License Revocation: Permanent revocation of the driver’s license.
    • Restitution: Payment to the victim’s family for funeral expenses and other damages.
  • Watson Murder (Second-Degree Murder)**:
    • Prison Sentence: 15 years to life in state prison.
    • Fines: Up to $10,000.
    • License Revocation: Permanent revocation of the driver’s license.
    • Restitution: Payment to the victim’s family for damages.

Additional Consequences of a Felony DUI

Criminal Record: A felony conviction results in a permanent criminal record, which can severely impact employment opportunities, housing, and more.

Loss of Civil Rights: A felony conviction can result in the loss of certain civil rights, such as the right to own a firearm or the right to vote.

Insurance: A felony DUI conviction will lead to significant increases in auto insurance premiums, and some insurers may refuse coverage.

Legal Defenses for Felony DUI

  1. Unlawful Stop or Arrest: Arguing that law enforcement did not  have probable cause to stop the vehicle or arrest the driver.
  2. Faulty Testing: Challenging the accuracy of breathalyzer, blood,  or urine tests that measure BAC or the presence of drugs.
  3. Lack of Impairment**: Demonstrating that the driver was not impaired, even if alcohol or drugs were detected in their system.
  4. Lack of Causation: Arguing that the accident or injury was not caused by the driver’s intoxicated state (e.g., another driver caused the accident).
  5. Medical Conditions: Showing that certain medical conditions could have caused symptoms similar to impairment (e.g., diabetes or acid reflux).

Seeking Legal Representation

Felony DUI charges are extremely serious, and a conviction can have life-altering consequences. It is crucial to seek legal representation from an expert DUI defense attorney.

For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.