When Is DUI A Felony

Being arrested for a DUI is a serious offense in California, but in certain circumstances, it can be charged as a felony rather than a misdemeanor. The difference between a misdemeanor and a felony DUI is significant and can have a long-term impact on someone's life. In this article, we will discuss when a DUI can be charged as a felony, the consequences of being charged with a felony DUI, and what to do if you are facing a felony DUI charge.

When Can a DUI Be Charged as a Felony?

In California, a DUI can be charged as a felony if there are aggravating factors present within the DUI arrest or the criminal history of the person being arrested. Some of the most common reasons a DUI can be charged as a felony include:

• Multiple Offenses: If someone has been arrested for their fourth DUI within 10 years, it can be charged as a felony. This is known as a "felony DUI" and carries severe penalties.
• Injury or Death: If someone was injured or killed as a result of the DUI, it can be charged as a felony. This is known as a "DUI causing injury" or "DUI manslaughter" charge and is the most serious type of DUI charge.
• Prior Felony DUI: If someone has a prior felony DUI conviction on their record, any subsequent DUI arrest can be charged as a felony.
• Child Endangerment: If someone is arrested for a DUI with a child under 14 years old in the car, it can be charged as a felony child endangerment.

Consequences of a Felony DUI

If you are charged with a felony DUI, the consequences can be severe and long-lasting. Felony DUIs are more serious than misdemeanor DUIs, and the penalties reflect that severity. Some of the consequences of a felony DUI include:

• Jail Time: A felony DUI conviction can result in up to 4 years in state prison. This is significantly longer than the maximum sentence for a misdemeanor DUI, which is 1 year in county jail.
• License Suspension: If you are convicted of a felony DUI, your driver's license will be suspended for an extended period, typically up to 4 years.
• Fines: Felony DUI fines can range from a few thousand dollars up to tens of thousands of dollars, depending on the specific case.
• Ignition Interlock Device: In some cases, a felony DUI conviction may require the installation of an ignition interlock device on any vehicle you drive. This device requires you to pass a breathalyzer test before the car will start.
• Permanent Criminal Record: A felony DUI conviction will remain on your criminal record permanently, which can impact your ability to find employment or housing in the future.

What To Do If You Are Facing a Felony DUI Charge

If you are facing a felony DUI charge, it is essential to take the situation seriously and hire an experienced DUI lawyer or criminal defense attorney. A qualified attorney can help you understand the charges against you, build a defense strategy, and work to reduce the charges or penalties you are facing. Some of the defenses that may be used in a felony DUI case include challenging the legality of the traffic stop or breathalyzer test, arguing that the injuries or death were not caused by the DUI, or demonstrating that you did not have a prior felony DUI conviction.

In conclusion, a DUI can be charged as a felony in California under certain circumstances. If you are facing a felony DUI charge, it is essential to seek legal representation as soon as possible to understand your options and build a defense strategy. A felony DUI conviction can have serious consequences, including jail time, fines, and a permanent criminal record. By working with an experienced DUI lawyer or criminal defense attorney, you can increase your chances of reducing or dismissing the charges and avoiding the harsh penalties that come with a felony DUI conviction. Remember, it's always better to be proactive and seek legal help than to wait and hope for the best. Don't let a DUI charge ruin your future, get the legal support you need today.

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