DUI Lawyer | Joel Brand, Esq.

When is a DUI Charged as a Felony?

In California, driving under the influence (DUI) is a serious offense that can be prosecuted as either a misdemeanor or a felony, depending on the circumstances. While most first-time DUI offenses are charged as misdemeanors, certain aggravating factors can elevate the charge to a felony. Understanding when a DUI is charged as a felony is crucial for anyone facing DUI charges, as the consequences of a felony conviction are significantly more severe. This article explores the conditions under which a DUI can be charged as a felony in California, the legal implications, and the potential penalties involved.

Factors Elevating a DUI to a Felony

  1. Prior DUI Convictions:
    • Fourth DUI Within Ten Years: If a person is arrested for a DUI and has three prior DUI convictions within the past ten years, the fourth offense will be charged as a felony. This includes convictions for DUI, wet reckless (a plea bargain where a DUI charge is reduced to reckless driving involving alcohol), and out-of-state convictions that would be considered DUIs in California【California Vehicle Code § 23550】.
  2. DUI Causing Injury:
    • Injury to Another Person: A DUI can be charged as a felony if it results in bodily injury to another person. Under California Vehicle Code § 23153, driving under the influence and causing injury can lead to felony charges. The prosecution must prove that the driver violated a traffic law or acted negligently while under the influence, directly causing injury to another person.
    • Great Bodily Injury (GBI): If the DUI results in great bodily injury, which is a significant or substantial physical injury, the charge is more likely to be elevated to a felony. Examples of GBI include broken bones, disfigurement, or loss of consciousness【California Penal Code § 12022.7】.
  3. DUI Causing Death:
    • Gross Vehicular Manslaughter While Intoxicated: If a DUI results in the death of another person and the driver acted with gross negligence, they can be charged with gross vehicular manslaughter while intoxicated, a felony under California Penal Code § 191.5(a). Gross negligence refers to a blatant disregard for the safety of others.
    • Second-Degree Murder (Watson Murder): In extreme cases, a DUI resulting in death can lead to a second-degree murder charge, also known as a “Watson murder.” This charge applies if the driver had a prior DUI conviction and was warned about the dangers of impaired driving, yet chose to drive under the influence again, resulting in a fatal accident【California Penal Code § 187】.
  4. Having a Prior Felony DUI Conviction:
    • Any Subsequent DUI: If a person has a prior felony DUI conviction, any subsequent DUI offense, regardless of whether it involves injury or death, can be charged as a felony【California Vehicle Code § 23550.5】.

Legal Implications of a Felony DUI

Being charged with a felony DUI has severe legal implications. Unlike a misdemeanor, a felony conviction can lead to:

  • Extended Incarceration: Felony DUI convictions can result in lengthy prison sentences. For example, a DUI causing injury can result in 16 months, two years, or three years in state prison, while gross vehicular manslaughter while intoxicated can lead to a sentence of four, six, or ten years in prison.
  • Hefty Fines: Felony DUI convictions carry substantial fines, often ranging from $1,000 to $5,000, in addition to court costs and other fees.
  • Probation: Defendants may be placed on formal probation, which involves regular check-ins with a probation officer, mandatory DUI education programs, community service, and other conditions.
  • Permanent Criminal Record: A felony conviction results in a permanent criminal record, which can impact employment opportunities, professional licensing, and housing applications.
  • License Suspension or Revocation: Felony DUI convictions typically result in lengthy driver’s license suspensions or revocations, sometimes lasting several years.
  • Increased Insurance Rates: A felony DUI conviction will likely lead to significantly higher auto insurance premiums or even the inability to obtain insurance.

Defending Against Felony DUI Charges

Given the severe consequences of a felony DUI conviction, mounting a strong defense is crucial. Defense strategies may include:

  • Challenging the Traffic Stop: If the police did not have reasonable suspicion to stop the vehicle, any evidence obtained during the stop may be inadmissible in court.
  • Questioning the Accuracy of Chemical Tests: Breathalyzers and blood tests must be properly administered and calibrated. Any errors or irregularities in the testing process can be grounds for challenging the results.
  • Proving Lack of Causation: In cases involving injury or death, the prosecution must prove that the defendant’s impaired driving directly caused the accident. Evidence showing that the other driver was at fault or that the accident was unavoidable may be used in the defense.
  • Presenting Mitigating Factors: Demonstrating that the defendant has taken steps to address their behavior, such as attending alcohol education programs or counseling, can be beneficial in negotiations with the prosecution or sentencing.

Conclusion

In California, a DUI can be charged as a felony under specific circumstances, such as prior DUI convictions, causing injury or death, and having a prior felony DUI conviction. The consequences of a felony DUI conviction are severe, including extended incarceration, hefty fines, and a permanent criminal record. It is crucial for anyone facing felony DUI charges to seek experienced legal representation to navigate the complexities of the legal system and mount a strong defense.

Citations

  1. California Vehicle Code § 23550.
  2. California Vehicle Code § 23153.
  3. California Penal Code § 12022.7.
  4. California Penal Code § 191.5(a).
  5. California Penal Code § 187.
  6. California Vehicle Code § 23550.5.