Is it a felony to get a DUI in California? 17 Answers as of February 24, 2012

Is it a felony to get a DUI in California?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Only if it is a fourth offense or involves an accident with injury.
Answer Applies to: California
Replied: 7/1/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It is only a Felony if there was an injury accident or it is a 4th offense or it occurred within 10 years of a prior Felony DUI For more info or a fee quote call us.
Answer Applies to: California
Replied: 5/11/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
It's only a felony if you have three prior convictions for DUI or are involved in an injury accident and you are at fault.
Answer Applies to: California
Replied: 5/9/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
First time DUI without damage to persons or property or with minors in the car is not a felony. However, it is in Canada and they will not let you in.
Answer Applies to: California
Replied: 5/9/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
Most DUI charges are misdemeanors. However, if an individual has three or more priors the case can be filed as a felony. Additionally, even if an individual does not have any priors, if that individual in involved in an accident where someone is hurt, and the driver is accused of being under the influence, that individual can also be charged with a felony.
Answer Applies to: California
Replied: 5/9/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Not until your fourth DUI within ten years, or unless you hurt someone (DUI with Injury), which may be charged as a misdemeanor or felony.
    Answer Applies to: California
    Replied: 5/9/2011
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    Not usually, but sometimes. A DUI may be a felony in California if the defendant has numerous prior convictions within ten (10) years, if there has been a prior felony DUI conviction, or if there is injury to another individual as a result of the DUI. Usually, a typical DUI in California is not a felony however and they are generally charges as misdemeanors.
    Answer Applies to: California
    Replied: 5/9/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    It is only a felony if you have had 3 prior DUI convictions in the last 10 years or if someone suffers significant bodily injury from an accident involving a DUI. An injury occurring on even a first time DUI may result in felony charges. Otherwise, it should be filed as a misdemeanor.
    Answer Applies to: California
    Replied: 5/6/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    Not necessarily.Most County District Attorneys will not file the common DUI case (first or second DUI) as a Felony unless the case involves an accident or serious injuries. However, it seems to be getting more and more the case that the THIRD DUI will be filed as a Felony,with the punishment being moved up to a requirement of State Prison. However, there are many variables, defenses, and treatment/sentencing options available such that getting an experienced attorney's advice is now a must. You need to apply for a DMV hearing within 10 days of arrest to save your license, and get good competent advice right away!
    Answer Applies to: California
    Replied: 5/6/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Only if you cause felony damage or injury. Otherwise, you can stay in misdemeanor land until your fourth.
    Answer Applies to: California
    Replied: 5/6/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    A DUI in California can be charged as a felony under three circumstances: 1) Your DUI caused injury or death to another; 2) you have three or more prior DUI or "wet reckless" convictions within a10 year period; and 3) you have at least one prior felony DUI conviction. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 5/6/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    Not automatically.Although a DUI can be a felony, the District Attorney will ordinarily charge a felony DUI if there is an accident resulting in great bodily injury or death, or if you have numerous DUIs, especially within a short amount of time. Good luck.
    Answer Applies to: California
    Replied: 5/6/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It can be a felony if there is bodily injury or if it's a 4th DUI within 10 years.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Not unless it is your 4th within 10 years or it caused bodily injury. And even in these scenario, it would be discretionary for the prosecutor.
    Answer Applies to: California
    Replied: 5/6/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If there was injury or substantial property damage, yes. Straight DUI, no. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available. Effective plea-bargaining, using your defenses, could possibly keep you out of jail, or at least dramatically reduce it. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.

    Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court.

    Contact DMV and do so, timely, then appear at your scheduled hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 5/6/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Most DUI's are filed as misdemeanors. Is it possible, if, for example you have a 4th or more DUI, or there was an accident involving personal injury, that the DUI can be filed as a felony.
    Answer Applies to: California
    Replied: 5/6/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Not if it is your first.
    Answer Applies to: California
    Replied: 5/6/2011
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