When is a Driver Charged with Felony DUI?
There are a number of different factors that can prompt the District Attorney’s office to classify a case as a felony DUI. The most common include a fourth DUI charge within a 10-year period, or a DUI offense that resulted in the injury or death of a third party. California’s Vehicle Code Section §23153 outlines when a DUI should be treated as a felony:
“Any person who, while under the influence of intoxicating liquor, or under the combined influence of intoxicating liquor and any drug, drives a vehicle and when so driving does any act forbidden by law or neglects any duty imposed by law in the driving of such vehicle, which act or neglect proximately causes bodily injury to any person other than himself, is guilty of a felony.”
It is important to note that even if injury to a third party occurred, the case may still be classified as a misdemeanor. In the case where injury to a third party occurred, but the injuries sustained were relatively minor, then the prosecutor can choose to charge the suspected DUI offender with either a misdemeanor or felony. These types of DUI cases are known as “wobblers.”
Wobblers are somewhat unique and do differ slightly from regular felony cases. For example, in a wobbler DUI case, if the DUI offender is convicted and the court imposes a county jail sentence after which the DUI offender is then placed on probation, he or she may then later petition the court to reduce the felony DUI conviction to a misdemeanor under California’s Penal Code 17(b). If the DUI offender is successful, the conviction will be treated as a misdemeanor rather than a felony. Nonetheless, the wobbler offense will still be “priorable” as a felony under California’s “Three Strikes Law.”
Get Help Now!
Because felony DUI cases are often complex and the consequences can easily result in a lengthy state prison sentence, it is crucial that suspected DUI offenders consult with an experienced and knowledgeable Orange County DUI attorney as soon as possible. While penalties do vary on a case-by-case basis, those charged with an Orange County felony DUI typically face far greater consequences than those who are charged with an Orange County misdemeanor.
At the Orange County DUI Defense Group, we have represented a number of drivers charged with felony drunk driving. Our skilled Orange County DUI attorneys utilize the services of only the best experts in order to help keep consequences to a minimum. We have the legal expertise and resources you need to ensure that your rights are protected and that you obtain only the best possible outcome.
We offer free Orange County DUI case evaluations; contact us today for yours!