Driving under the influence (DUI) is a serious offense in California, and the consequences become even more severe when the charge is elevated to a felony. While most DUI charges are misdemeanors, DUI cases causing an injury to another, or having 3 or more prior DUIs within 10 years, or having had a felony DUI within 10 years can result in a felony DUI being charged. Here’s what you need to know about felony DUI in California.
Definition and Basics
A felony DUI in California occurs under specific circumstances that elevate the seriousness of the offense. The key factors that can lead to a felony DUI charge include:
- Prior Felony DUI Convictions: If you have a prior felony DUI conviction on your record then any subsequent DUI offense within 10 years will automatically be charged as a felony.
- Multiple DUI Convictions: If you have three or more DUI convictions within a ten-year period, the fourth offense will be charged as a felony.
- DUI Causing Injury or Death: If you are involved in causing an accident while driving under the influence that results in an injury to another person, you can be charged with felony DUI. If there is a death, you can also be charged with vehicular manslaughter or even second-degree murder under California’s “Watson murder” rule.
Legal Consequences
The penalties for a felony DUI are significantly more severe than those for a misdemeanor DUI. They may include:
- Prison Time: Felony DUI convictions can result in substantial prison sentences, ranging from 16 months to 4 years, depending on the specifics of the case and any prior convictions.
- Great Bodily Injury to another can add 3 years state prison and make the it a strike under the 3 strikes law.
- Multiple victims can add 1 year prison, if sent to prison, for each victim over one.
- Fines: Fines for felony DUI can be steep, ranging from to $5,000, plus additional penalty assessments that can significantly increase the total amount.
- License Suspension: A felony DUI conviction is a 1 year suspension or longer depending if there are prior convictions within 10 years. (A person may be eligible for a restricted license depending on the case and priors.)
- Probation: If not sent to prison, offenders face up to 5 years probation with local custody up to a year and requires regular reporting, restitution, attending DUI education programs and a number of other conditions.
- Restitution: If the DUI caused injury or death, you will be required to pay restitution to the victims or their families.
A felony DUI in California is a serious charge with long-lasting consequences. If you or someone you know is facing a felony DUI charge, it is crucial to seek legal representation to navigate the complexities of the legal system and work towards the best possible outcome. Understanding the gravity of a felony DUI and taking steps to address it responsibly can make a significant difference in your case