Is a DUI a Felony in California?

Felonies and misdemeanors are two categories of crime. Though each comes with penalties, felony charges are reserved for more serious crimes and thus carry heavier sentences.

In California, DUI-related charges can be categorized as felonies or misdemeanors, with the classification changing based on a number of factors unique to the specific case.

If you face either of these charges in California, it’s important to understand what separates felonies from misdemeanors so that you know what you’re up against when you head into court.

Understanding DUI in California: DUI Classifications Explained

California recognizes three types of DUI charges, ordered from the lightest to the most severe:

• Infractions
• Misdemeanors
• Felonies

Infractions are typically reserved for drivers under 21 with a blood alcohol content (BAC) level of under .05, while anything over .08 is automatically charged as a misdemeanor. Felony DUIs typically involve a level of great bodily injury to another party.

Felony DUI Criteria: Factors that Elevate a DUI to a Felony

What is a felony DUI in California? This charge is reserved for the most severe DUI-related incidents.¹ You may face a felony DUI charge if you^2,3:

• Drove intoxicated with a minor in the vehicle
• Behaved in a combative or belligerent way toward officers
• Caused an accident that resulted in a person’s death or severe injury
• Had a prior felony DUI
• Incurred a fourth DUI in a ten-year period

Seeking help for what to do after getting a DUI in California may loosen the charges to a misdemeanor level.

Is a first-time DUI a felony in California? According to California DUI law, it can be if your case fits any of the aforementioned points. DUI charges default to misdemeanors, though, so keep in mind that no matter what, a DUI will mean misdemeanor repercussions at a minimum.

Legal Implications: Potential Consequences of a Felony DUI

Having a felony charge on record can impact your life in more ways than you might expect. It carries social, legal, and economic implications that can last years, decades, or even a lifetime.

If convicted of a felony DUI offense, you may later face the following consequences:

• Passing background checks for jobs and housing
• Social stigma and the dissolution of friendships and relationships
• Jail time
• Hefty fines and fees
• Restrictions on your license, driving, and traveling privileges
• Lawsuits from victims for injuries and harm

Some of these are life-altering consequences that can turn your whole world upside-down seemingly overnight. This is why you shouldn’t proceed with your trial unprepared.

Seeking Legal Counsel: The Importance of Legal Representation

One of the most important things you can do when handling your DUI case is to seek legal aid.⁴ Whether it’s your first DUI offense or not, you’ll reap the benefits of having someone on your side who understands the ins and outs of the legal system in the state you’re being tried in during your criminal defense.

A few of the most stand-out benefits of legal representation include:

• A legality expert – DUI laws are tricky and intricate. It’s best to rely on someone who already knows them well instead of trying to research them from scratch.
• A potential reduction in penalty – DUI lawyers will fight for your sentence to be reduced as much as possible, along with attempting to get your driving privileges restored quickly. Their goal is to reduce the impact of a conviction on your life.
• Possible record expungement – Expungement is the process of sealing your criminal record, which prevents a DUI conviction from showing up when your record is searched.
  See more on: How long does DUI stay on record in California
• Stress reduction – Knowing you have someone to rely on is worth its weight in gold, and it leaves your time and energy free to focus on other matters like getting your life back on track after the DUI.
• Saving time and money – Though DUI attorneys are often criticized for their price tag, having legal help during your DUI defense can actually save you money in the end. Attorneys are efficient and can get you in and out of the court system quickly.

Getting through a DUI case is no easy process, but with legal representation, you have someone to rely on, even during the most difficult parts.

Getting an Interlock Device

Recently, California launched a pilot program that requires all DUI drivers with multiple offenses or cases involving injury to install an Ignition Interlock Device (IID) in their vehicle. This device is an alcohol detection tool, preventing the driver from starting the car after consuming alcohol.⁵

In some cases, getting an IID can be used as a way to cut down on a probationary license period, as it’s concrete proof of your ability to keep your driving clean.

As you’re responsible for the installation, payment, and maintenance of your IID, having help can be indispensable. Smart Start has the best Ignition Interlock Device California has to offer and is here to make the process as painless as possible from start to finish.

Moving Forward After a DUI

So, is a DUI a felony in California? In many cases, your DUI charge will be a misdemeanor. You may, however, end up facing felony charges if your case fits certain criteria like driving with a minor or causing a serious accident.

Facing a DUI felony can have major impacts on your life, forcing you to deal with the repercussions for years to come. Having legal representation can help you handle these hurdles, and using tools like an IID may result in a quicker return to normalcy. Smart Start can help you begin that journey to reclaim your life before you know it.

Sources:

1. Forbes. California DUI Laws (2023 Guide). https://www.forbes.com/advisor/legal/dui/california-dui-laws/
2. Los Angeles DUI Attorney. The 4 Ways a DUI Can Be a Felony in California. https://www.losangelesduiattorney.com/dui/when-is-a-dui-a-felony/
3. Chudnovsky Law. Is a DUI A Felony? https://toplawyer.law/when-is-dui-a-felony/
4. Forbes. First Offense DUI: Everything You Need To Know. https://www.forbes.com/advisor/legal/dui/first-offense-dui/
5. The State of California DMV. Ignition Interlock Devices. https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/ignition-interlock-devices-ffdl-31/
6. California DMV. California Driver’s Handbook. https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/alcohol-and-drugs/