In California, driving under the influence of drugs or alcohol is commonly charged as a misdemeanor offense. However, there are certain instances and circumstances that can elevate a misdemeanor driving under the influence charge (DUI) to a felony DUI. The repercussions of such an elevation can result in heavier punishments and an increase in fines. When assessing whether a DUI charge should be a felony or a misdemeanor, the prosecution will determine whether or not there were “aggravating factors” involved. The majority of DUI charges classify as misdemeanors, usually including a first, second or third offense. Although, there are exceptions, regardless of which level of offense it is, that will elevate even a first offense “simple” DUI to a felony.
What Classifies as a Felony DUI and Possible Consequential Punishments
California DUIs are considered to be “priorable” offenses, which means the punishment assigned to the crime increases as the number of offenses increases. DUI offenses are considered within a ten (10) year time frame and may include offenses that occurred out of state yet constitute a DUI in the state of California. If you are convicted of a felony DUI you may be facing harsh sentencing such as sixteen months to three years of prison time, up to $1000 in fines, a four-year driver’s license revocation and an “HTO” (Habitual Traffic Offender) label from the DMV. If serious injury or death resulted from your DUI you may be facing a lifetime prison sentence and qualify for a “strike” on your record, in accordance to California’s Three Strikes law.
According to California law, the following “aggravating factors” may elevate a misdemeanor DUI to a felony DUI:
The DUI incident resulted in injury or death to another
You have 3 or more prior DUI or “wet reckless” convictions within a ten-year period
Your record indicates at least one prior felony DUI conviction
Although the aforementioned factors typically classify a DUI as a felony, the prosecutor may rarely use his or her discretion to classify the first two as misdemeanors. Because of the “wobbling” nature of DUI offenses it is important to fully understand the distinction between what constitutes as a felony or misdemeanor DUI, and to have experienced DUI legal representation.
An Experienced San Diego DUI Defense Lawyer Can Help Minimize Your DUI Charges
San Diego DUI Defense Lawyer Ashby Sorensen understands the DUI laws in California and fights aggressively against the prosecution to ensure his clients receive the best possible outcome. His years of experience have earned him the ability to skillfully assess the details of your case in order to combat your DUI charges with the best possible defense. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who is dedicated to fighting for your rights.
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