What Makes a DUI a Felony?

In a recent year, there were over 1,500 fourth-time DUI offenders who had their driving privileges revoked in the Golden State. California penalizes those offenders driving under the influence harshly. What most people do not realize is that a DUI can be charged as a felony, which only enhancing the penalties you may be facing.

In this blog, our Ventura DUI defense lawyers discuss the legal limit for operating a motor vehicle and what circumstances constitute a felony DUI.

Legal Impairment in California

Under California Vehicle Code §23153(b) VC, a person who is at least 21 years of age is considered legally impaired if he or she has a blood alcohol concentration (BAC) of 0.08% or higher. If you are driving a commercial vehicle, it is illegal to drive with a BAC of 0.04% or higher. If you are under 21 years old, then it is unlawful for you to operate a motor vehicle if you have a BAC of 0.01% or higher.

If a blood alcohol level is tested through a blood sample, the test must be performed within three hours following an individual’s arrest.

Circumstances Resulting in Felony DUI Charges

Fourth DUI Offense in California

Under the California Vehicle Code, a DUI is a “wobbler” offense, which may be charged as a misdemeanor or felony. Generally, a fourth DUI offense within a ten-year period is considered a felony.

If your DUI is charged as a felony, you may be sentenced to 16 months, two years, or three years in county jail. Additionally, you may have to pay a fine of up to $10,000, attend DUI school for 30 months, and have your driving privileges revoked for four years.

Prior Felony DUI Conviction

If you are convicted of a DUI following a felony DUI, then under California law, you will be charged with a felony DUI. If convicted, you face incarceration in California county jail for 16 months, two years, or three years.

DUI Causing Another Person Bodily Injury

If you are driving under the influence of alcohol and/or drugs and you cause an accident that results in another person suffering bodily injury, then you may be charged with a felony DUI. You may potentially have to serve 2-4 years in county jail.

Vehicular Manslaughter While Intoxicated

Under California Code Penal Code 191.5 (b) PC, the unlawful killing of another person with the intention to cause harm (“malice aforethought”) is charged as vehicular manslaughter while intoxicated. A person who commits ordinary negligence may be charged with this offense. If convicted, the individual may serve up to four years in county jail.

Gross Vehicular Manslaughter While Intoxicated

If a judge believes that a person has committed gross negligence, then the individual will be charged with gross vehicular manslaughter while intoxicated. If convicted, you could be sentenced to a maximum of 10 years in jail.

Watson DUI Murder

If another person dies as a result of a person driving under the influence, the driver may be charged with second-degree murder. In California, this is known as a Watson DUI murder. The second-degree murder charge applies if a person acts with an intent to cause another harm.

Charged with a Felony DUI? Speak with Our Ventura DUI Defense Lawyers

A felony DUI threatens your personal freedom and financial future. If you have been charged with a felony DUI, it is important that you combat such charges by acquiring exceptional representation. At Bamieh & De Smeth, our Ventura DUI defense team has successfully assisted thousands of clients in getting the charges against them dropped or reduced. To schedule your free case evaluation, contact us by calling (805) 643-5555 or by completing our online contact form.