Is a DUI a felony?
Can drunk driving be charged as a felony? Yes.
In California, driving under the influence is generally a misdemeanor offense. In certain instances, however, the district attorney has discretion to charge drunk driving as either a misdemeanor or felony. The first instance is when the DUI causes bodily harm. The second is when the driver has been convicted of a certain number of previous DUIs within the past ten years.
Alanna D. Coopersmith practices criminal defense and DUI law in the San Francisco Bay Area. She also maintains a blog about criminal justice issues.
In California, driving under the influence is generally a misdemeanor offense. In certain instances, however, the district attorney has discretion to charge drunk driving as either a misdemeanor or felony. The first instance is when the DUI causes bodily harm. The second is when the driver has been convicted of a certain number of previous DUIs within the past ten years.
Alanna D. Coopersmith practices criminal defense and DUI law in the San Francisco Bay Area. She also maintains a blog about criminal justice issues.