If you have been arrested for
driving under the influence (DUI), you may be curious to know if your DUI case can be charged as a
felony. While the majority of cases involving driving under the influence
of alcohol or drugs are prosecuted as misdemeanors in California, if there
were “aggravating factors” present, then it is possible to
be charged with a
If this was your first, second, or third DUI offense, and there were no
aggravating factors, you will likely be charged with a misdemeanor DUI.
However, there are certain situations where even a “simple”
DUI can be charged as a felony DUI offense.
When a person is arrested for DUI in California, he or she may be facing
felony charges under these circumstances:
- The driver has three (3) or more prior DUI or “wet reckless”
convictions within the previous ten years.
- The driver has one or more prior felony DUI convictions.
- The act of driving under the influence injured or killed another person.
Keep in mind that numbers (1) and (3) above are called “wobblers”
in California. This means that the prosecutor may charge you with a misdemeanor
offense; however, this happens rarely and is more the exception than the rule.
Penalties for a Felony DUI in Orange County
A misdemeanor DUI conviction is punishable by up to 12 months in jail,
whereas a felony DUI conviction can result in 4 to 10 years in prison
for a vehicular manslaughter charge.
If this is the defendant’s fourth DUI offense, it may result in up
to 3 years in prison. Further, a DUI causing injury is punishable by up
to 3 years in prison, with 3 additional years in cases where a victim
sustained serious bodily injuries.
If you are facing felony DUI charges, do not hesitate to contact the
Law Offices of Virginia L. Landry, Inc. for a strong defense. Board Certified in DUI Defense, you have everything
to gain by scheduling a free consultation with Attorney Virginia L. Landry.
Call toll free today at: (877) 384-7833!