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When is a DUI a Felony in California?

Driving under the influence of drugs or alcohol is dangerous. California state laws prohibit drivers from getting behind the wheel while drunk or otherwise intoxicated. Violating California DUI laws can carry significant criminal penalties. Last week, at least three people were arrested on suspicion of DUI at a Chula Vista checkpoint. If any of these drivers had previous DUI charges, or if anyone was injured because of their behavior, they may face Felony DUI charges.

California DUI Law

In California, it is illegal to operate a motor vehicle while under the influence of alcohol. There are two different ways you can be arrested and charged with DUI. The first is when your blood alcohol concentration (BAC) exceeds the legal limit. If you’re an adult over the age of 21 with a traditional driver’s license, your BAC cannot exceed .08 percent. If you’re an adult with a commercial drivers license (CDL), your BAC cannot exceed .04 percent. If you’re under the age of 21, your BAC cannot exceed .01 percent.

Misdemeanor DUI Charges

California law classifies most drunk driving charges as misdemeanor offenses. First, second, and third DUI convictions, absent any aggravating factors, will result in misdemeanor criminal charges. The penalties become more severe with each additional DUI conviction.

First DUI Conviction

  • Maximum of 6 months in jail
  • Fines between $390 – $1,000
  • Suspended license for 6 months

Second DUI Conviction

  • Minimum 96 hours in jail
  • Maximum 1 year in jail
  • Fines between $390 – $1,000
  • Suspended license for 2 years

Third DUI Conviction

  • Minimum 120 days in jail
  • Maximum 1 year in jail
  • Fines between $1,000 – $1,800
  • Suspended license for 3 years

Felony DUI Charges

Sometimes, driving under the influence is charged as a felony offense in California. A DUI will be a felony if:

  1. Drunk driving caused another person to be seriously injured or killed
  2. You have three or more DUI convictions in a 10-year period, or
  3. You have previously been convicted of felony DUI.

So, you are more likely to face felony DUI charges in California if someone is injured or if you have multiple DUI convictions.

Penalties for Felony DUI

The consequences of felony DUI charges will depend on the specific circumstances of your case.

DUI Causing Injury or Death

If you are facing charges for felony DUI because another person was injured or killed, your criminal sentence may include:

  • $5,000 in criminal fines
  • 16 months – 16 years in a California state prison
  • Mandatory suspension of your driver’s license for 5 years, and
  • 30 months of DUI school.

Multiple DUI Convictions

If you are facing felony DUI charges because you have previous DUI convictions, your criminal sentence may include:

  • $1,000 in criminal fines
  • A maximum of 3 years in a California state prison
  • Mandatory suspension of your driver’s license for 4 years, and
  • 30 months of DUI school.

Fight DUI Charges in San Diego

Have you been arrested for DUI in San Diego? If another person was injured, or if you have previous DUI convictions, you may be charged with a felony. Contact the Law Office of Vikas Bajaj, APC for help with your defense.

Our experienced San Diego DUI attorneys have over 19 years of experience handling complex criminal matters, including those for DUI. We can help you fight to protect your future and minimize the consequences of your arrest. Call today to set up an initial consultation and learn more.

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DUI