What is Considered a Felony DUI in California?

Being charged with a DUI is never an ideal situation. However, if you face felony DUI charges, the matter is even more severe and far-reaching. Either way, having an experienced Santa Barbara DUI attorney on your side is imperative as you fight to mitigate your charges.

You can receive a felony DUI charge in California under three circumstances:

• It is your 4th DUI offense in ten years
• You have a prior felony DUI conviction
• Your DUI causes an accident resulting in injury or death to another person

In every other situation, a DUI in California is a misdemeanor charge. Without any aggravating factors, a driver will face a simple misdemeanor DUI for a first, second, or third-time DUI.

Felony DUI: Four or More

Driving under the influence in California is known as a "priorable" offense. These offenses have harsher penalties and prison terms each time someone is convicted for another identical or similar offense.

Suppose you have three or more prior DUI convictions in the last decade and are arrested again for a DUI in California. In that case, you will likely now face a felony DUI. In this instance, prior offenses can include any combination of the following:

• A California DUI conviction
• A California "wet reckless" conviction, or
• A conviction in another state that would be equivalent to a DUI in California

Felony DUI: Prior Felony DUI

If you are charged with any DUI – even "simple" misdemeanor drunk driving without aggravating circumstances, and have at least one previous felony drunk driving conviction, you will be charged with a felony for the new DUI. For example, this would apply if you have a previous DUI conviction that arose from:

• Causing injury or death and was charged as a felony, or
• Was charged as a felony because you already had several DUI convictions (even though your current drunk driving case occurred after the ten-year timeframe had already passed)

Felony DUI: DUI Resulting in Injury or Death to Another Person

If another individual is injured, including fatal injuries, because you:

• Were behind the wheel while under the influence, and
• Committed an additional vehicle code violation or drove negligently

A California prosecutor may file criminal charges for felony DUI in one of three ways:

• California Vehicle Code 23513 VC – driving under the influence causing serious injury,
• Penal Code 191.5(a) – gross vehicular manslaughter under the influence or Penal Code 191.5(b) – vehicular manslaughter while under the influence
• DUI second-degree murder, sometimes called "Watson Murder"

The specific facts of your current DUI case and criminal history will determine how prosecutors proceed with charges.

Are You Facing DUI Charges in California?

If you are facing California felony DUI charges, you should know that a California felony conviction has severe penalties, including:

• A substantial California State Prison sentence
• Large fines
• Several years of license suspension

You need to take these charges seriously. Start by calling a skilled Santa Barbara DUI lawyer who can fight for your rights and help you make the best of this situation. They can explain what your charges mean and what options you have.

At Bamieh & De Smeth, we have helped countless Californians in your shoes. Contact us online or call 805-643-5555 to schedule a case consultation today.