--- title: "Los Angeles Felony DUI Lawyer" description: "A California DUI becomes a felony when someone is hurt, when it is a fourth offense in 10 years, or after a prior felony DUI. Here is what each charge carries and how it is defended." url: "https://www.thehfirm.com/dui/felony-dui" site: "H Law Group" --- # Los Angeles Felony DUI Lawyer A California DUI becomes a felony when someone is hurt, when it is a fourth offense in 10 years, or after a prior felony DUI. Here is what each charge carries and how it is defended. ## Immediate Focus - Protect timing before deadlines harden - Review evidence and testing early - Align court and DMV strategy from the start ## When a California DUI becomes a felony Most California DUIs are misdemeanors. A DUI is charged as a felony when someone other than the driver is injured, when it is your fourth DUI or wet reckless within 10 years, or when you have a prior felony DUI within 10 years. If the crash kills someone, the charge becomes vehicular manslaughter or murder instead of DUI. Several of these charges are wobblers. The prosecutor can file them as a felony or a misdemeanor, and a judge can later reduce a felony wobbler to a misdemeanor. Much of the defense work in these cases is about which way the charge is filed and whether it can be reduced later. Felony status changes more than the sentence range. It can mean state prison instead of county jail, a license revocation of up to five years, habitual traffic offender status, and in great bodily injury cases, a strike. Use the calculators and related guides below to orient quickly, then line up case-specific advice. - [DMV Deadline Calculator](https://www.thehfirm.com/tools/dmv-deadline-calculator) -- Estimate urgency after arrest. - [DUI Penalty Estimator](https://www.thehfirm.com/tools/dui-penalty-estimator) -- See baseline exposure points. - [California DUI Lawyer](https://www.thehfirm.com/california-dui-lawyer) -- Statewide DUI penalties, DMV deadlines, and city pages. ## Felony DUI charges and sentencing ranges in California Every injury case starts with [Vehicle Code 23153](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23153), which requires proof that an unlawful act or neglect of duty while driving under the influence caused bodily injury to someone else. Prior convictions and the outcome of the crash decide which sentencing statute applies. | Charge | Statute | Can be filed as | Custody range | License after conviction | | --- | --- | --- | --- | --- | | DUI causing injury, no priors | VC 23153, sentenced under VC 23554 | Felony or misdemeanor | 16 months, 2 or 3 years in state prison, or 90 days to 1 year in county jail | 1-year suspension | | DUI causing injury, 1 prior in 10 years | VC 23560 | Felony or misdemeanor | 16 months, 2 or 3 years in state prison, or 120 days to 1 year in county jail | 3-year revocation | | DUI causing injury, 2 or more priors in 10 years | VC 23566 | Felony only | 2, 3 or 4 years in state prison | 5-year revocation, plus 3 years as a habitual traffic offender | | Fourth DUI or wet reckless in 10 years | VC 23550 | Felony or misdemeanor | 16 months, 2 or 3 years served in county jail under PC 1170(h), or 180 days to 1 year in county jail | 4-year revocation, plus 3 years as a habitual traffic offender | | Any DUI after a prior felony DUI in 10 years | VC 23550.5 | Felony or misdemeanor | 16 months, 2 or 3 years in state prison, or up to 1 year in county jail | 4- or 5-year revocation, plus 3 years as a habitual traffic offender | | Vehicular manslaughter while intoxicated | PC 191.5(b) | Felony or misdemeanor | 16 months, 2 or 4 years in state prison, or up to 1 year in county jail | Handled separately by the DMV | | Gross vehicular manslaughter while intoxicated | PC 191.5(a) | Felony only | 4, 6 or 10 years in state prison; 15 years to life with certain prior convictions | Handled separately by the DMV | | Watson (implied malice) murder | PC 187 | Felony only | 15 years to life | Handled separately by the DMV | Ranges are the base terms in the statutes. Enhancements can add time, and fines of $390 to $5,000 on the Vehicle Code charges grow substantially once penalty assessments are added. The sentence in any real case depends on the facts, the record, and the court. ## What can add prison time or a strike The base range is only the starting point in an injury case. Each one is a separate allegation the prosecution has to prove, and they are often contested harder than the underlying DUI. - Great bodily injury (PC 12022.7): Adds 3 years in state prison if the injury is significant or substantial, or 5 years if it causes a coma or permanent paralysis. - A strike on your record: A felony where the defendant personally inflicts great bodily injury is a serious felony under [Penal Code 1192.7(c)(8)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1192.7). That makes it a strike, and a later felony conviction would carry a doubled sentence. - More than one injured person (VC 23558): Adds 1 year for each additional injured victim, up to 3 extra years. The judge can strike these for mitigating reasons stated on the record. - Habitual traffic offender status: Convictions under VC 23550, 23550.5 and 23566 carry a 3-year habitual traffic offender designation, which makes any driving on a suspended license during that time far more serious. ## When a DUI death is charged as murder If a DUI crash kills someone and the driver had already been warned about the danger of drunk driving, prosecutors can charge second-degree murder on an implied malice theory. These are called Watson murders, after the California Supreme Court case People v. Watson. The warning usually comes from the driver's own record. Everyone convicted of a DUI or wet reckless in California receives a written advisement under VC 23593 that a future DUI death can be charged as murder, and prosecutors use that advisement as evidence of malice. Second-degree murder carries 15 years to life. ## How a felony DUI case moves through court Felony cases add steps a misdemeanor DUI does not have, and the DMV case still runs on its own clock alongside them. 1. **Step 1: Arrest, booking, and bail** (Arrest day) -- Felony DUI arrests usually mean booking and bail set by the county schedule. The officer also serves the DMV suspension notice, which starts a 10-day window to request a DMV hearing. 2. **Step 2: Felony arraignment** (Within 48 hours if in custody) -- The court reads the complaint and takes a plea. Under PC 825, an arrested person must be brought before a judge within 48 hours, not counting Sundays and holidays. Bail and release conditions are argued here. 3. **Step 3: Preliminary hearing** (Within 10 court days if in custody) -- A judge decides whether there is enough evidence to hold you to answer on the felony. It is the first chance to question officers under oath about causation and the injuries. PC 859b sets the deadlines. 4. **Step 4: Arraignment on the information and motions** (After the preliminary hearing) -- If you are held to answer, the prosecutor files an information and you are arraigned again. Motions to suppress evidence, strike priors, or reduce the charge are litigated from here. 5. **Step 5: Resolution or trial** (Pretrial to resolution) -- Cases end in dismissal, a reduction to a misdemeanor, a negotiated plea, or a jury verdict. When probation is granted on a wobbler, the court can declare it a misdemeanor under PC 17(b) at sentencing or later. ## What the prosecution has to prove - **A separate unlawful act caused the injury** -- VC 23153 requires more than being impaired at the time of a crash. The state has to prove an act forbidden by law or a neglected duty, such as speeding or an unsafe lane change, and that it caused the injury. - **How serious the injury was** -- Whether an injury counts as great bodily injury decides the 3-year enhancement and strike status, so prosecutors build that record early from medical files and photos. - **Each prior conviction** -- For repeat-offense felonies, the state must prove every prior and that each one falls within 10 years of the new offense. Prior wet reckless convictions count toward the total. ## Where felony DUI charges are usually challenged - **Challenging causation** -- Crash reconstruction, vehicle data, road conditions and the other driver's conduct can show the injury was not caused by an unlawful act on your part. - **Contesting great bodily injury** -- Medical records often show injuries that are real but do not meet the legal standard. Defeating that finding removes the enhancement and the strike. - **Attacking the priors** -- Priors outside the 10-year window do not count, and out-of-state convictions have to match California's DUI elements. Removing one prior can move a case from felony to misdemeanor territory. ## Consequences beyond the sentence - **Prison or county jail** -- Injury cases can carry state prison terms. A fourth-offense felony under VC 23550 is served in county jail under PC 1170(h). - **Long license loss** -- A conviction brings a suspension or revocation of 1 to 5 years depending on the charge and priors. That is separate from the DMV suspension that follows the arrest. - **Restitution and civil claims** -- Injured people can recover medical bills and lost wages through restitution in the criminal case, and they can also sue. Insurance and SR-22 costs follow either way. ## Where felony DUI cases are heard in Los Angeles County Felony DUI cases in Los Angeles County are filed by the District Attorney's Office, not city prosecutors, and are heard in superior court at locations including the Clara Shortridge Foltz Criminal Justice Center downtown, Van Nuys, Airport, Long Beach and Pasadena. Because many of these charges can be filed either way, the filing decision matters. Getting the injury and causation facts organized before that decision is made gives the defense something concrete to argue from. - [Court Locations](https://www.thehfirm.com/court-locations) -- Review venue-specific court guidance. - [Los Angeles DUI Lawyer](https://www.thehfirm.com/dui-lawyers-los-angeles) -- Courts, prosecutors, and penalties for DUI arrests in Los Angeles. - [Request Consultation](https://www.thehfirm.com/contact-us) -- Talk with the defense team directly. ## Follow the most relevant tools and connected DUI resources - [DMV Hearings](https://www.thehfirm.com/dui/dmv-hearings) -- Administrative license strategy guidance. - [First-Offense DUI](https://www.thehfirm.com/dui/first-offense) -- What first-time exposure usually looks like. - [DUI Case Results](https://www.thehfirm.com/case-studies/dui) -- Published outcomes and resolution patterns. ## Attorney perspective > The first DUI decisions you make can shape everything that follows. Move fast, protect the timeline, and do not give the case away early. -- Nima Haddadi, Founder & Lead Trial Attorney, H Law Group Nima Haddadi is a former prosecutor with the Los Angeles City Attorney's Office. He now defends people charged with felony DUI and DUI causing injury. His review of a felony case starts with causation, the medical evidence, and whether each prior conviction actually counts. ## Frequently asked questions ### Is a DUI with injury always a felony in California? No. DUI causing injury under VC 23153 is a wobbler, so the prosecutor can file it as a felony or a misdemeanor. The severity of the injury, how many people were hurt, BAC, driving conduct and prior record usually decide which. A third DUI with injury within 10 years is the exception: VC 23566 makes it a felony only. ### Is a 4th DUI a felony in California? It can be. A DUI within 10 years of three prior DUI or wet reckless offenses falls under VC 23550. As a felony it carries 16 months, 2 or 3 years served in county jail; as a misdemeanor, 180 days to 1 year in county jail. Either way it brings a 4-year license revocation and 3 years as a habitual traffic offender. ### Is a felony DUI a strike? Sometimes. A felony in which the driver personally inflicts great bodily injury is a serious felony under PC 1192.7(c)(8), and serious felonies are strikes. A felony DUI based only on prior convictions, with no great bodily injury, is not a strike under that provision. ### Can a felony DUI be reduced to a misdemeanor? Wobbler charges can. The prosecutor can agree to file or amend the case as a misdemeanor, and if the court grants probation it can declare the offense a misdemeanor under PC 17(b), either at sentencing or later. Felony-only charges such as VC 23566 and gross vehicular manslaughter cannot be reduced that way. ### Will I go to prison for a felony DUI? Not necessarily. Wobbler felony DUIs can end in probation with county jail time, and a fourth-offense felony under VC 23550 is served in county jail rather than state prison. Cases with great bodily injury, several injured people, or two or more priors carry real state prison exposure. ### What happens to my license after a felony DUI arrest? Two separate things happen. The DMV moves to suspend your license after the arrest, and you have 10 days from the notice to request a DMV hearing. If you are convicted, the court conviction triggers its own suspension or revocation of 1 to 5 years depending on the charge and your priors. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.