What is a DUI Felony?
July 26, 2024Whether it’s your first offense or a subsequent one, being issued a DUI is a serious matter, punishable by imprisonment, fines, and the loss of driving privileges. While driving under the influence is usually charged as a misdemeanor, there are certain situations in which it may be charged as a felony.
If you’ve been charged with a DUI, you may be anxious about what it means for your future. In this blog, our Ventura DUI defense lawyers are here to discuss in what circumstances a DUI is classified as a felony, along with defenses that may be available to you.
Circumstances in Which a DUI is a Felony
A DUI is considered a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony. There are three aggravating circumstances in which a DUI may be charged as a felony, including:
Another Person was Injured or Killed
According to California Vehicle Code § 23153(a) VC, if a motorist driving under the influence causes physical injury or death to another person, they will be charged with a felony DUI.
The Driver Has Committed Four DUIs in a Ten-Year Span
If you have three previous DUI offenses in a ten-year period, your fourth DUI will be charged as a felony. California law is harsh on repeat offenders, with the severity of penalties increasing in connection with each subsequent offense.
The Driver Was Previously Convicted for a Felony DUI in the Last Ten Years
If you were previously convicted for a felony DUI in the last decade, your current DUI will most likely be charged as a felony offense.
Penalties for a DUI Felony Conviction in CA
A felony DUI conviction will carry any of the following penalties:
- 16 months to four years in county jail
- Up to $10,000 in fines
- License suspension or revocation
- Installation of an interlock ignition device
- Court-ordered alcohol and drug treatment program
Even if you are charged with a felony DUI, a Ventura DUI defense lawyer may be able to help you secure a reduced sentence. If you were charged for multiple offenses, a DUI defense lawyer will negotiate with the prosecutor to get charges dropped.
Probable Cause and Sobriety Checkpoints
If you weren’t swerving, braking erratically, or otherwise showing signs of inebriation, the police officer may not have had the legal right to stop you. Police officers are not allowed to pull drivers over at random without probable cause.
The main exception would be if you were stopped at a sobriety checkpoint. Legally, you must stop and submit to an inspection. However, law enforcement must follow certain protocols when conducting sobriety checkpoints, and if these are not followed, then your stop may still be considered unlawful.
It is not your responsibility to know the law. When you work with our Ventura DUI defense team, you can rest assured that our main goal is to protect your civil liberties. We will do everything we can to help you achieve the best possible outcome.
Speak with a Ventura DUI Defense Lawyer Today
Regardless of whether you are being charged with your first DUI or have prior offenses, driving under the influence is a criminal offense. If you or a loved one have been charged with a DUI in The Golden State, our Ventura DUI defense lawyers are ready to help. To schedule your free case evaluation, contact us online or by phone.