A felony DUI in California is a drunk or drugged driving charge that carries state prison exposure instead of just county jail. Most DUIs are misdemeanors, but four situations can bump a case up to a felony.
First, a DUI that causes injury to another person under Vehicle Code 23153 can be filed as a felony, especially when the injury is serious. Second, a fourth DUI within a 10-year "washout" period is a felony, even if no one was hurt and even if the prior three were misdemeanors. Third, if you already have a prior felony DUI on your record, any new DUI can be charged as a felony. Fourth, and most serious, a DUI that causes a death can lead to charges like gross vehicular manslaughter while intoxicated or even murder in some cases.
A felony DUI conviction can mean state prison, a much longer license revocation, large fines, and a permanent felony record that affects jobs, housing, and gun rights. If the injury was serious, it may also count as a strike.
The good news is that a felony filing isn't automatically a felony conviction. Depending on the facts, a case can sometimes be reduced to a misdemeanor. The defense still begins with the basics: the stop, the arrest, and the reliability of the chemical test.
Read more on the felony DUI page and the third DUI page.
This is general information, not legal advice, and every case is different. For a free consultation, call (858) 622-7280 or visit /contact.