Felony DUI

Felony DUI

Getting charged with a DUI can be scary and have major consequences. While most DUIs are misdemeanors, some can be charged as felonies, which carry much more severe penalties. This article will explain what a felony DUI is, when it can be charged, defenses, and potential penalties.

What is a Felony DUI?

A felony DUI is when a DUI charge is elevated from a misdemeanor to a felony. This happens when there are aggravating factors surrounding the DUI, making it more serious. Some key things to know:

• In California, a first or second DUI is usually a misdemeanor
• A third DUI within 10 years can be charged as a felony
• A DUI causing injury or death will likely be a felony, even if it’s a first offense

Let’s look at some common scenarios where a DUI gets charged as a felony.

Third DUI Within 10 Years

Under California law, a third DUI offense within 10 years can be charged as a felony. This is because multiple DUIs show a pattern of dangerous behavior. Even if the first two were misdemeanors, the third will likely be a felony.

For example, if someone gets a DUI in 2015 and another in 2018, then gets one in 2023, the 2023 DUI can be charged as a felony since it is the third within 10 years. The 10 year clock starts after the first offense [1].

DUI Causing Injury

A DUI that causes injury to someone else can be charged as a felony DUI. This is the case even if it is a first offense. Causing injury shows the DUI posed serious risks to others.

Common injuries include things like broken bones, burns, concussions, and trauma from the collision. The more severe the injury, the more likely it will be charged as a felony rather than misdemeanor [2].

DUI Causing Death

If someone dies as a result of a DUI collision, it will almost certainly be charged as a felony. This is sometimes called vehicular manslaughter while intoxicated. It is an extremely serious offense.

Even if it seems like an accident and the driver did not mean for anyone to get hurt, they can still face felony charges and severe penalties if their intoxicated driving caused a death.

DUI with a Minor

In California, getting a DUI while a minor under 14 is in the vehicle can lead to felony charges. This includes the driver’s own children. The reasoning is that putting a child in danger shows careless disregard for their safety.

So even a first time DUI with a child passenger could potentially be charged as a felony. The child being present is seen as an aggravating factor [3].

Fourth DUI Within 10 Years

As mentioned above, a third DUI within 10 years can be a felony. Likewise, a fourth DUI within 10 years will almost always be charged as a felony. At this point, the repeat offenses demonstrate an ongoing issue with drunk driving that needs to be taken very seriously.

The 10 year “lookback” period goes back from the date of arrest, not conviction. So even if some of the prior DUIs were several years ago, they still count if they are within the 10 year window [1].

Defending Against Felony DUI Charges

The stakes are much higher when facing felony DUI charges instead of misdemeanor. Still, an experienced DUI defense attorney can often negotiate to get charges reduced or dismissed. Some strategies include:

• Contesting probable cause for the traffic stop
• Challenging the validity of chemical BAC tests
• Disputing that the defendant was actually driving
• Raising doubt about whether intoxication caused the accident
• Presenting mitigating circumstances to reduce charges

An attorney may also negotiate plea deals, such as pleading to a misdemeanor DUI instead of felony. It is critical to have legal representation when facing felony DUI charges.

Penalties for Felony DUI

Felony DUIs have much harsher punishments than misdemeanor DUIs. Some potential penalties include:

• Up to 3 years in state prison
• Fines up to $1000-$5000 plus penalties
• Driver’s license suspension up to 10 years
• Probation and court ordered programs
• Installation of ignition interlock device
• Restitution to victims

If the felony DUI caused injury or death, penalties will be even more severe. Punishments could include up to life in prison and fines up to $10,000 or more [4].

Getting Legal Help

Being charged with a felony DUI is very serious. The consequences can affect your freedom, finances, career, and future. An experienced DUI lawyer will understand the complexities of felony DUIs and build the strongest defense for your case.

Don’t wait to seek legal help. A lawyer can guide you through the process and potentially get charges reduced. The sooner you take action, the better. Contact a DUI attorney today to discuss your options and next steps.