Felony vs. Misdemeanor DUI in California | VC 23152 & VC 23153
In California, driving under the influence (DUI) is a serious criminal offense that can result in significant legal consequences. Whether a DUI is charged as a felony or misdemeanor depends on several factors, including the driver’s prior DUI convictions, the circumstances surrounding the incident, and whether anyone was injured as a result. Below is an explanation of when a DUI in California can lead to misdemeanor or felony charges.
Misdemeanor DUI in California
Most first-time DUI offenses in California are classified as misdemeanors. This applies if the driver has no prior DUI convictions within the last ten years and no aggravating factors, such as injuries or excessive speeding. Under California Vehicle Code § 23152, the penalties for a misdemeanor DUI can include:
- Fines and court fees: Typically ranging from $390 to $1,000.
- License suspension: A first-time offender may face a suspension of six months or more.
- Probation: Usually three to five years of probation with certain conditions, such as attending a DUI education program.
- Jail time: A first offense may result in up to six months in county jail.
- DUI School: Completion of a DUI education program ranging from three to nine months.
Felony DUI in California
In California, a DUI can be elevated to a felony charge under specific conditions, which significantly increases the severity of the penalties. A DUI may be charged as a felony in the following common scenarios:
Multiple DUI Convictions
A fourth DUI within ten years can result in a felony charge. This includes previous DUI convictions, “wet reckless” pleas (a reduced charge related to impaired driving), or any other alcohol-related driving offenses. For example, if a driver was convicted of three prior DUI offenses between 2012 and 2022, their fourth DUI arrest could be prosecuted as a felony, regardless of whether the latest offense resulted in injury.
Penalties for Felony DUI (Fourth Offense):
- 16 months to 3 years in state prison
- Fines of up to $1,000
- License revocation for up to four years
- Mandatory enrollment in a DUI education program
- Installation of an ignition interlock device (IID), which requires a driver to blow into a device to prove sobriety before starting their vehicle
DUI Causing Injury
Under California Vehicle Code § 23153, a DUI that leads to bodily injury can be charged as a felony, even if it’s the driver’s first DUI offense. The distinction between a misdemeanor and a felony often hinges on the severity of the injuries involved. For instance, if a driver is under the influence and causes a collision where another person suffers significant injuries—such as broken bones or long-term physical harm—this could result in felony charges. Even less severe injuries, like minor fractures or concussions, can still elevate the offense to a felony, depending on the circumstances.
Penalties for Felony DUI Causing Injury:
- Two to four years in state prison
- An additional 3 to 6 years if the victim suffers great bodily injury (e.g., permanent disability or disfigurement)
- Fines of up to $5,000
- License revocation for up to five years
- Restitution payments to victims for medical expenses, lost wages, and other damages
A felony DUI causing injury can have life-changing consequences, with harsher penalties depending on the extent of the injuries and the number of victims.
DUI with Prior Felony Convictions
In California, if a driver has a prior felony DUI conviction, any subsequent DUI offense—regardless of whether it involves injury or other aggravating factors—can be automatically charged as a felony. This applies even if the new offense would typically be considered a misdemeanor, such as a simple DUI with no injuries. The prior felony conviction raises the stakes, leading to more severe consequences.
Penalties for Felony DUI with a Prior Felony Conviction:
- 16 months to 3 years in state prison
- Fines of up to $1,000
- Extended license revocation beyond the standard period
- Mandatory DUI education programs and the potential requirement for an ignition interlock device (IID)installation
What Factors Can Elevate a DUI to a Felony in California?
What Are the Legal Defenses for Beating a DUI in California?
Legal defenses against DUI charges can vary depending on the specifics of the case, but the goal is always to challenge the evidence or procedures used by law enforcement. One common defense is disputing the accuracy of chemical tests, such as breathalyzers or blood tests. These devices can malfunction or be improperly maintained, leading to inaccurate results. Another defense is to question the officer’s observations or conduct during the arrest. For example, if the officer did not have a valid reason to stop your vehicle or failed to follow proper procedures during the field sobriety test, this could weaken the prosecution’s case.
In some instances, medical conditions such as acid reflux or certain medications can affect BAC test results, leading to a false positive. Additionally, environmental factors, like uneven ground or poor lighting, can impact your performance on field sobriety tests. Lastly, proving that your rights were violated during the stop or arrest can lead to the suppression of evidence and possibly the dismissal of your case altogether.
Every DUI case is different, and a strong defense is built by closely examining the circumstances of the stop, arrest, and testing procedures to identify weaknesses in the prosecution’s case.
What Are the Penalties for a DUI Conviction in California?
Penalties for a DUI conviction in California can vary depending on factors such as prior offenses, whether the DUI caused injury, and whether any aggravating factors were involved. For a first-time DUI offense, penalties typically include fines ranging from $390 to $1,000, plus additional penalty assessments, which can significantly increase the overall amount owed. You may also face a six-month suspension of your driver’s license, mandatory DUI education programs, and the possibility of jail time, ranging from 48 hours to six months.
For second or third DUI convictions, the penalties become more severe. You could face up to one year in county jail, longer license suspensions, higher fines, and extended DUI education requirements. Repeat offenders may also be required to install an ignition interlock device (IID) in their vehicle to monitor and prevent further drinking and driving.
If the DUI involved injury to another person, you could be charged with a felony, leading to even harsher penalties, such as two to four years in state prison, higher fines, and longer license suspensions. The seriousness of the injuries and your prior criminal record will factor into the penalties the court imposes.
Additionally, a DUI conviction in California can have long-term consequences beyond the immediate penalties, such as increased insurance premiums, difficulty securing employment, and a permanent criminal record.
Unsure if Your DUI is a Felony or Misdemeanor? Contact a Los Angeles DUI Defense Attorney Today
If you’ve been charged with a DUI in California and are unsure whether it’s being prosecuted as a felony or misdemeanor, it’s important to understand the implications and seek legal advice. At The Law Offices of Arash Hashemi, we can help you determine the nature of your charges and provide the skilled legal defense you need. Attorney Arash Hashemi will guide you through the complexities of DUI law and fight to protect your rights.
To speak with Attorney Hashemi directly, contact our office at (310) 448-1529. You can also schedule a 15-minute consultation by using our secure online scheduling system. During the consultation, we’ll review the specifics of your case, help clarify whether your DUI is a felony or misdemeanor, and discuss the best defense strategy for your situation.
Schedule a Consultation:
- Phone: (310) 448-1529
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
We are conveniently located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to get the legal help you need.
