Driving under the influence (DUI) is a serious offense in California, with penalties that range from fines and license suspensions to jail time. But not all DUI charges are treated equally. In some situations, a DUI can escalate from a misdemeanor to a felony, resulting in much harsher consequences.

The lawyers of Confianza Legal do not believe that you should face felony charges because of one mistake. If you have found this blog because you have been charged with a DUI, we want to help you better understand what makes a DUI a felony in California. 

This blog will break down the key factors in a clear and easy-to-understand way based on our decades of experience counseling our clients on their DUI charges. Give it a read to better understand the circumstances and penalties associated with felony DUI convictions.

What Makes A DUI A Felony?

Most DUI cases in California are charged as misdemeanors. However, certain circumstances can elevate a DUI to a felony. Felony DUIs carry more severe penalties, including longer prison sentences, higher fines, and lasting impacts on your record. Understanding the situations that lead to felony DUI charges is critical for anyone facing this serious accusation.

Several factors determine whether a DUI is charged as a felony in California. Below are the most common scenarios where this can happen.

1. Multiple DUI Convictions

If you have a history of DUI offenses, the stakes are much higher. California has a “look-back” period of 10 years, meaning that if you are convicted of a fourth DUI within a decade, it will automatically be charged as a felony. Prior convictions, even from other states, may count toward this total.

The court sees repeat offenses as a pattern of dangerous behavior, which justifies harsher penalties. A fourth DUI conviction can result in:

  • Up to 3 years in state prison
  • Substantial fines
  • A lengthy driver’s license suspension
  • Mandatory installation of an ignition interlock device

2. Causing Injury or Death

One of the clearest answers to what makes a DUI a felony in California is when the incident involves injury or death to another person. In California, driving under the influence and causing bodily harm is charged under Vehicle Code Section 23153, which makes DUI with injury a felony.

Possible consequences include:
  • Prison time ranging from 16 months to 10 years, depending on the severity of injuries
  • Restitution to the victim
  • Strikes under California’s “Three Strikes” law if the injuries are severe

If someone dies due to a DUI, the charge may escalate further to vehicular manslaughter while intoxicated or even second-degree murder (often referred to as a “Watson murder“).

3. Driving With a Suspended License

If you are caught driving under the influence while your license is suspended or revoked due to a prior DUI conviction, the charge can be elevated to a felony. This shows a blatant disregard for previous court orders and public safety. As a result, you will likely face enhanced penalties for breaking multiple laws and additional time added to your prison sentence.

4. Having a Minor in the Vehicle

While driving under the influence with a minor in the car doesn’t always result in a felony charge, it can be an aggravating factor that pushes the case into more serious territory, particularly if the child is injured. You may also face additional charges for child endangerment.

Penalties for a Felony DUI in California

Felony DUI charges carry severe penalties, which can significantly impact your life. Here’s what you could face if convicted:

  • Prison Time: Depending on the circumstances, felony DUIs can result in prison sentences ranging from 16 months to several years.
  • Fines: Felony DUIs come with hefty fines, often in the thousands of dollars.
  • License revocation: Your driver’s license may be revoked for a significant period, sometimes permanently.
  • Probation: Even if you avoid prison, felony DUI convictions typically involve strict probation terms.
  • Impact on employment: A felony conviction can make it difficult to find or keep a job, especially in professions that require a clean criminal record.
  • Impact on child custody: If you have sole or joint custody of your children, a felony DUI might mean that you lose your current conservatorship status.

Defending Against Felony DUI Charges

If you’re facing felony DUI charges, all hope is not lost. A skilled criminal lawyer can help you explore potential defenses and fight for a reduced charge or even dismissal. Below are some common defense strategies:

1. Challenging the Evidence

  • Was the breathalyzer or blood test administered properly?
  • Were the testing devices calibrated and maintained?
  • Did law enforcement have probable cause to stop you?

2. Questioning Fault

If your DUI involved an accident, your attorney may challenge whether your actions were the direct cause of injury or death. External factors like another driver’s negligence or hazardous road conditions may have played a role.

3. Negotiating for Reduced Charges

In some cases, your lawyer may negotiate with the prosecution to have your charges reduced to a misdemeanor, particularly if it’s your first felony offense or there were mitigating circumstances.

A felony DUI conviction in California can have life-altering consequences. Beyond the legal penalties, a felony record can affect your ability to:

  • Secure housing
  • Obtain employment
  • Travel internationally
  • Access certain rights, such as voting or owning firearms

Confianza Legal Is On Your Side Against DUI Charges

Confianza Legal is a trusted DUI defense team serving California residents with compassionate and skilled criminal defense representation. Navigating the legal system without professional guidance can put you at a disadvantage. Our criminal defense lawyers, who are experienced in DUI cases, can analyze your case to identify weaknesses in the prosecution’s evidence, advocate on your behalf to reduce charges or penalties, and help you understand your rights and legal options.

At Confianza Legal, we understand the stress and uncertainty you’re facing. We fight tirelessly to protect your future and minimize the impact of a DUI charge on your life. Whether you’re facing a misdemeanor or a felony DUI charge, we are here to help. Our lawyers know the nuances of California DUI laws and will work tirelessly to build a defense tailored to your situation. 

Schedule your free consultation today to learn how we can help protect your rights and your future!