Most DUIs in California are misdemeanors. Your case can be charged as a felony, though, if certain aggravating facts are present. The line between the two makes a huge difference in what you're facing.
A standard first, second, or third DUI with no injuries is almost always a misdemeanor. That still carries real penalties, including possible jail, fines, probation, DUI school, and a license suspension. But it stays in the misdemeanor world.
A DUI crosses into felony territory in a few situations. The most common is a DUI that causes injury to someone else, charged under Vehicle Code 23153. Another is a fourth DUI within ten years, which the state can file as a felony even without an accident. A DUI can also be a felony if you have a prior felony DUI on your record. In the most serious cases, a DUI causing death can be charged as vehicular manslaughter or worse.
Some of these are "wobblers," meaning the prosecutor has discretion to file them as either a misdemeanor or a felony depending on the facts and your history. That discretion is exactly where a defense attorney's work matters, pushing to keep a borderline case on the misdemeanor side.
For the serious end, see our felony DUI page. If injury is involved, read penalties for a DUI causing injury.
Facing a felony filing? Call (858) 622-7280 or visit our contact page right away.
This is general information, not legal advice, and every case is different.