When Is a DUI a Felony in California?
by
Seth Morris on Mar. 12, 2025
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?
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Multiple DUI Convictions – A fourth DUI offense within ten years is automatically a felony.
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DUI with Injuries or Death – If a DUI results in serious injury or death, felony charges may apply under California Vehicle Code 23153.
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High Blood Alcohol Content (BAC) – A BAC significantly over the legal limit (e.g., 0.15% or higher) can contribute to harsher penalties.
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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:
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Prison Time – Sentences range from 16 months to several years.
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Fines – Can range from $1,000 to $10,000, plus court and restitution fees.
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License Suspension – A felony DUI may result in long-term license revocation.
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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.