Is DUI A Felony in California

author by Randy Collins on Sep. 10, 2012

Criminal DUI-DWI Criminal  Felony 

Summary: Readers who are wondering if DUI is ever charged as a felony, the answer is yes – but it all depends on the circumstances of the case.

Readers who are wondering if DUI is ever charged as a felony, the answer is yes –  but it all depends on the circumstances of the case.

This article will highlight some of the most common ways a DUI arrest can end up costing felony penalties.

How DUI is Charged As a Felony in California:

First, Second and Third DUI – within  a ten year time frame is usually handled as a misdemeanor.

On the fourth occasion however, that is within the same space of ten years, the court won’t overlook this habitual offense. It will be handled as a felony. The penalties include spending up to three years in jail, a license suspension of up to four years, fines of up to one thousand dollars. Other penalties include a formal probation of up to five years, and participation in DUI school of up to eighteen months.

Also noteworthy is that at times the court will examine a third time DUI offense within ten years as a wobbler offense. This means it can be charged as a misdemeanor or a felony, depending on the circumstances of the case.

Other common ways to be a felon for DUI are:

·         Driving while intoxicated, and it results in injury or person or object

·         Driving while intoxicated, and it results in death

·         Driving while intoxicated, with a minor or endangering a minor

In instances where you’re on the line for a felony offense, be sure to contact a DUI lawyer who is well-versed in the defending and/or proving one’s innocence. 

The DUI attorneys at MacGregor and Collins will provide the best DUI defense within the State of California, having had experience in this field for more than 30 years. Call our defense attorneys today at 949-250-6097.

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