If you’ve been charged with felony DUI in California, you’re likely feeling overwhelmed and uncertain about what’s next. A felony DUI is a serious criminal offense that can carry severe penalties, including prison time, steep fines, and long-term consequences for your personal and professional life. That’s why you need an experienced, aggressive advocate like The DUI Man to fight for your rights and your future.
What is a Felony DUI in California?
Not all DUI charges are equal, and some situations escalate a standard DUI to a felony offense. A DUI charge is typically elevated to felony status under the following circumstances in California:
- Fourth DUI conviction within 10 years
- A prior felony DUI conviction
- Causing an accident that resulted in injury
- Causing an accident that resulted in death
Felony DUI charges are treated with the utmost severity in California courts. Understanding the specific circumstances that led to your charges is crucial for building a strong defense.
California Felony DUI Laws
California has strict DUI laws, and prosecutors don’t hesitate to pursue felony charges when certain conditions are met. Here’s how they apply in key scenarios:
Fourth DUI Conviction in 10 Years
If you’ve already faced three DUI convictions within a 10-year period, any subsequent DUI charges can be upgraded to a felony. Known as a “wobbler,” the charge can sometimes be prosecuted as either a misdemeanor or a felony, depending on the specific circumstances and the prosecutor’s discretion.
Prior Felony DUI Convictions
If you have a prior felony DUI conviction on your record, any new DUI charges are automatically classified as felonies, regardless of whether the current offense involves injury or death.
DUI with Injury
If your DUI caused injuries to another person, prosecutors may file felony charges under California’s DUI causing injury laws. This offense alleges negligence or reckless behavior while driving under the influence.
Vehicular Manslaughter While Intoxicated
A DUI that results in a fatal accident can lead to vehicular manslaughter charges, classified as either misdemeanor or felony depending on the level of negligence.
Vehicular manslaughter while intoxicated involves simple negligence, such as failing to exercise due care. Whereas, gross vehicular manslaughter while intoxicated involves reckless conduct that any reasonable person would recognize as creating a substantial risk of harm.
Second-Degree DUI Murder (The “Watson” Rule)
If you’ve been warned about the dangers of impaired driving or signed a “Watson Advisement” during a prior DUI case, causing a fatality while driving under the influence may result in a second-degree murder charge, punishable by 15 years to life in prison.
Common Scenarios That Lead to Felony DUI Charges
Several situations commonly lead to felony DUI charges in California. These include driving under the influence and causing a multi-car accident, being involved in a crash with significant injuries or fatalities, or being found impaired during what should have been a routine DUI stop while holding a prior felony DUI conviction. These scenarios often come with additional complexities that make strong legal defense essential.
Penalties for a Felony DUI in California
If convicted of felony DUI in California, you could face severe consequences, including but not limited to the following penalties:
- 4th DUI within 10 years: 16 months to 3 years in county jail, up to $10,000 in fines.
- Prior felony DUI conviction: 16 months to 3 years in county jail, up to $10,000 in fines.
- DUI with injury: 2 to 4 years in jail, and up to $10,000 in fines.
- Vehicular manslaughter while intoxicated: 16 months to 4 years in jail, up to $10,000 in fines.
- Gross vehicular manslaughter while intoxicated: 4 to 10 years in state prison, up to $10,000 in fines.
- Second-degree DUI murder: 15 years to life in prison, up to $10,000 in fines.
Additional consequences may include a driver’s license suspension, the installation of an ignition interlock device (IID) on your vehicle for at least a year, loss of voting rights and firearm rights.
How The DUI Man Defends Against Felony DUI Charges
At The DUI Man, we understand that your future is on the line. That’s why we craft personalized, strategic defenses based on the unique details of your case. Potential defenses we employ include:
- Lack of Probable Cause: Law enforcement must have a valid reason to pull you over. If this requirement wasn’t met, your charges may be dismissed.
- Improperly Administered Field Sobriety Tests (FSTs): FSTs are often subjective and can be prone to error.
- Erroneous Blood Alcohol Content (BAC) Results: If your BAC was at or below the legal limit, the evidence against you may be flawed.
- Illegal DUI Checkpoints: Checkpoints must meet strict legal standards. Failure to comply can lead to evidence being thrown out.
- Medical Conditions: Certain conditions, like GERD or diabetes, can produce inaccurate breathalyzer results.
Each case is different, and we’ll explore every possible angle to protect your rights and achieve the best possible outcome.
Take the First Step Towards Your Defense – Contact The DUI Man Today
A felony DUI charge doesn’t have to define your future. The DUI Man has the experience, skill, and determination needed to challenge the prosecution’s case and minimize the impact on your life. Don’t wait to get the help you need. Call now for a free consultation and start building a strong defense today.
Felony DUI FAQs
Can a felony DUI be reduced to a misdemeanor?
Yes, in some cases, skilled legal representation may convince the court to reduce a felony DUI charge to a misdemeanor, especially if the offense was a “wobbler.”
Will I go to jail for a felony DUI in California?
A felony DUI conviction often results in jail or prison time. The length of the sentence depends on factors such as prior DUI offenses, the circumstances of the case, and whether there were injuries or fatalities.
How long does a felony DUI stay on your record?
Felony DUIs generally stay on your driving record for 10 years and your criminal record permanently unless you are granted an expungement.
Can I get a felony DUI expunged?
It is possible to expunge a felony DUI in California if you successfully complete probation and meet the requirements, but certain offenses, like those resulting in prison time, may not qualify.
