Is a second DUI a felony in California? 18 Answers as of June 11, 2013

Would my brother immediately be charged with a felony after his second DUI arrest in California?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
No, unless the case involves injury.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
No.
Answer Applies to: California
Replied: 6/11/2013
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
No, he will not. Call us for assistance.
Answer Applies to: California
Replied: 4/26/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
No, unless he injured another person(s). For a non-injury DUI to be charged as a felony, it has to be a fourth one within 10 days.
Answer Applies to: California
Replied: 4/26/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
Only if 1) the current DUI charges involved an accident causing injury, or 2) you have a prior felony DUI conviction within the 10 years prior to the current one. Otherwise, in general, a second DUI will be a misdemeanor. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 4/26/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    No. The fourth is a felony.
    Answer Applies to: California
    Replied: 4/27/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It would be a felony if their was bodily injury associated with or caused by a DUI related accident or if it was a fourth DUI.
    Answer Applies to: California
    Replied: 2/24/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Typically no. Unless there were other factors, such as an accident with injury, a second DUI is a misdemeanor.
    Answer Applies to: California
    Replied: 4/27/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    No, even a third is not necessarily a felony if there was no accident or property damage. A conviction for a second does carry 96 hours custody however; he should speak to an attorney.
    Answer Applies to: California
    Replied: 4/27/2011
    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 he had been convicted of a Felony DUI in the last 10 years. There are more severe penaltys than on a first offense however. He will need to attend an 18 month DUI counseling program. For more info or a fee quote call me.
    Answer Applies to: California
    Replied: 4/26/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Although it is possible for a 2nd DUI to be charged as a felony, they are usually charged as a misdemeanor unless there are enhancing factors such as an accident causing serious injury. You or your brother can contact me through 1DUILawyer.com to discuss his case in further detail.

    Once I have more info about the factors that led up to his arrest, as well as his previous DUI, I can give a more specific assessment of what to expect. Note that even misdemeanor 2nd offense DUI's are serious and should not be taken lightly.
    Answer Applies to: California
    Replied: 4/26/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Typically not. A 2nd offense DUI is usually settled for a misdemeanor. However, if there was an accident with injury, the DUI can be a felony.
    Answer Applies to: California
    Replied: 4/26/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Not necessarily, unless there was a collision with personal injury or property damage involved. It is a second with prior if the first DUI was less than 10 years ago. The penalties for 2nd offense are higher.

    What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. 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.
    Answer Applies to: California
    Replied: 4/26/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No.
    Answer Applies to: California
    Replied: 6/11/2013
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    No- it would be charged as a felony if; there was bodily injury to a person other than the person being charged the person being charged is on their 4th DUI (or more) within a period of 10 years the person being charged has at least one prior felony DUI charge on their record An attorney is still needed even if not charged as a felony!
    Answer Applies to: California
    Replied: 4/26/2011
    Law Offices of Dennis Smith
    Law Offices of Dennis Smith | Dennis William Smith
    No.
    Answer Applies to: California
    Replied: 6/11/2013
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    No, a second DUI arrest in California that does not result in bodily injury is typically charged as a misdemeanor. It is also important to look at the date of conviction of the first DUI. If the first DUI conviction occurred more than 10 years before his second DUI arrest, then his second DUI will be charged as a first time DUI.

    Prior DUI's must occur within 10 years of the the subsequent DUI in order to be used against the arrestee as a prior. A second DUI, however, is still a serious matter as the prosecutor will seek jail time in almost all cases.
    Answer Applies to: California
    Replied: 4/26/2011
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