California Felony DUI

In California, a driving under the influence (DUI) offense may be classified as either a misdemeanor or a felony, depending on the circumstances. The biggest difference between a misdemeanor and a felony is the punishment—a person convicted of a misdemeanor may be sentenced to jail time, while someone who is convicted of a felony may face time in prison.

There are three circumstances that may lead to a California Felony DUI. A person may be charged with a felony offense if he or she causes bodily harm while intoxicated. In addition, if a person has committed a fourth DUI offense within ten years, he or she will be charged with felony DUI. Finally, if a person has been charged with felony DUI in the past, any subsequent DUIs will result in a felony charge.

If you think that you may be facing a felony DUI, it is important to contact an experienced attorney as soon as possible. Being convicted of a felony may lead to prison time and expensive fines. Finding future employment may also be more difficult with a felony on your record.

During a felony case that involves bodily injury, the prosecutor must first prove that the defendant caused the accident. If the defendant was obeying traffic lights and was struck by a vehicle that ran a red light, the defendant is not responsible for the accident. Our accident reconstruction expert can examine the accident to determine who was at fault. If it is determined that the defendant was not at fault, the felony charge may be reduced.

California’s definition of “bodily harm” is not clearly defined—in fact, a person could claim bodily injury without receiving medical attention or losing any work. The district attorney in your county may have his or her own standards for determining if the bodily injury in your case should be charged as a felony. In cases like this, it is in your best interest to have experienced legal counsel on your side.

Fourth offense DUI and prior felony DUI are known as “wobblers” in the legal system. This means that the district attorney may choose to file the charge as a misdemeanor or felony. Typically, the district attorney will charge the defendant with a felony. However, wobblers make it easier for the DUI defense lawyer to plea bargain.

To discuss California DUI felony with an experienced defense lawyer, contact a San Diego DUI lawyer today.