Driving under the influence (DUI) is a serious offense in California, and the consequences of a conviction can be severe. A first-time DUI conviction can result in a license suspension, fines, and even jail time. However, if someone is injured or if the driver has multiple DUI convictions, they may face felony DUI charges. In this article, we will discuss when a DUI becomes a felony in California and the consequences of such a charge.
California laws prohibit drivers from getting behind the wheel while drunk or intoxicated in any way. Violating California's DUI laws can result in significant criminal penalties. Last week, at least three people were arrested on suspicion of DUI at a checkpoint in Chula Vista. If any of these drivers had previous DUI charges, or if someone was injured due to their behavior, they may face serious felony DUI charges.
You are more likely to face felony DUI charges in California if someone is injured or if they have multiple DUI convictions. The consequences of felony DUI charges will depend on the specific circumstances of your case. You can be charged with serious DUI if, when you are arrested, you have at least three previous DUI convictions in the past 10 years. This includes wet reckless convictions, as well as any out-of-state DUI convictions.If you or a loved one is facing felony DUI charges, it is critical to protect yourself and consult an attorney experienced in serious DUI cases as soon as possible in the process.
Prosecutors use a charge of endangering a child when they try to prove that the driver was DUI and deliberately put a minor in danger.Even simple DUI without aggravating factors is charged as a felony when there is a previous felony conviction within the previous ten years. If you are responsible for someone's death as a result of driving under the influence of alcohol, you may face the most serious DUI charge in California, which is “vehicular felony manslaughter while intoxicated.” If you do not have previous convictions for DUI, the prosecution has the power to charge you with a misdemeanor despite the fact that someone suffered a serious injury.This means that every time you are convicted of another DUI or a reckless crime, such as a fourth DUI, the penalties increase in duration and severity due to your past offenses. As long as there are no aggravating factors, a motorist is charged with simple misdemeanor DUI when facing a DUI case for the first, second or third time.If you have suffered three or more previous DUI convictions in the past ten years and suffer another DUI arrest, it is likely that you will now be charged with a felony DUI in California. Penalties for a fourth DUI as a felony are severe, but they also depend on whether you had an excessive blood alcohol concentration (BAC), such as 0.15% or more, and other aggravating circumstances.
The court can treat a DUI as a misdemeanor or a felony.When you are arrested for your fourth DUI offense, the state has the right to charge you with either a misdemeanor or felony. Your criminal defense attorney can challenge the results of the DUI test or the testimony of the arresting officer. Driving under the influence of drugs or alcohol is dangerous and can have serious consequences. If you are facing felony DUI charges in California, it is important to consult an experienced attorney who can help protect your rights and ensure that your case is handled properly.