When Is a DUI a Felony in California?

author by Seth Morris on Mar. 12, 2025

Criminal DUI-DWI Criminal 

Summary: Driving under the influence (DUI) in California is typically a misdemeanor, but under certain circumstances, it can be charged as a felony. Understanding when a DUI escalates to a felony is crucial if you’re facing charges.

Driving under the influence (DUI) in Alameda County is typically a misdemeanor, but under certain circumstances, it can be charged as a felony. Understanding when a DUI escalates to a felony is crucial if you’re facing charges.

When Does a DUI Become a Felony?

 

  • Multiple DUI Convictions – A fourth DUI offense within ten years is automatically a felony.

  • DUI with Injuries or Death – If a DUI results in serious injury or death, felony charges may apply under California Vehicle Code 23153.

  • High Blood Alcohol Content (BAC) – A BAC significantly over the legal limit (e.g., 0.15% or higher) can contribute to harsher penalties.

  • DUI with Child Endangerment – Driving under the influence with a child under 14 in the car can lead to felony charges under child endangerment laws.

Penalties for Felony DUI

A felony DUI conviction carries severe consequences, including:

  • Prison Time – Sentences range from 16 months to several years.

  • Fines – Can range from $1,000 to $10,000, plus court and restitution fees.

  • License Suspension – A felony DUI may result in long-term license revocation.

  • Mandatory DUI Programs – Offenders must complete extensive treatment programs.

Defending Against Felony DUI Charges

Legal defenses may include challenging the traffic stop, disputing breathalyzer accuracy, or negotiating a plea to reduce charges. If you’re facing a felony DUI, an experienced attorney can help protect your rights and build a strong defense.

Get Help from a Criminal Lawyer Today

A felony DUI conviction can have lasting repercussions. Contact Morris Law today for a free consultation to discuss your case and explore your legal options.

 

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