Misdemeanor vs. Felony DUI

Misdemeanor vs. Felony in California

Misdemeanor

A misdemeanor is a type of criminal offense that is less severe than a felony but more serious than an infraction. It usually involves crimes like DUI (Driving Under the Influence) without injury. Penalties can include fines, probation, community service, or up to one year in county jail.

‍

In California, a DUI is classified as a misdemeanor if it’s a first offense, involves no injury, and the driver’s blood alcohol content (BAC) is over the legal limit. A first, second or third DUI in California is generally classified as a misdemeanor as long as there are no aggravating factors, such as another individual being injured.  A misdemeanor DUI can result in 48 hours to one year in the county jail.  For a second and third DUI within 10 years, there are also mandatory minimum jail sentences.  For a misdemeanor DUI, penalties can include fines, probation, mandatory DUI education programs, potentially being required to install an Ignition Interlock Device (IID) on your vehicle, and a possible jail sentence of up to a year. Additionally, the driver’s license may be suspended for a period, typically up to six months for a first offense. While a misdemeanor DUI is less severe than a felony DUI, which can involve longer jail time and harsher penalties, they are still misdemeanor charges that will appear on your criminal and driving records.

‍

Felony

A felony in California is considered a serious crime. Felonies can result in state prison time, significant fines, and long-term consequences like losing the right to vote and to own firearms. Most felony convictions cannot be expunged. A DUI becomes a felony under certain conditions, such as if it’s the driver’s fourth DUI within ten years, if the DUI caused injury or death, or if the driver has a prior felony DUI conviction. Felony DUIs carry severe consequences, including prison sentences, typically ranging from 16 months to four years, and hefty fines. In addition to incarceration, those convicted may face lengthy license suspensions or revocations, mandatory alcohol treatment programs, the installation of an ignition interlock device (IID) on their vehicle, and being required to report to a probation officer.

‍

Overview of California DUI Laws

Vehicle Code 23152 makes it illegal to drive under the influence of alcohol or drugs. The state enforces strict blood alcohol concentration (BAC) limits: 0.08% for most drivers, 0.04% for commercial and rideshare drivers, and 0.01% for those under 21 or on DUI probation. Even with a legal BAC, drivers can face charges if impaired. California's Implied Consent Law requires all drivers to submit to chemical testing if arrested for DUI. Refusal results in enhanced penalties. Law enforcement typically uses breath tests, considered most accurate for alcohol detection. Blood tests may be used for drug-related cases.

‍

Penalties for First Offense

A first-time DUI offense typically results in:

• 3 to 5 years of probation
• Fines ranging from USD 390.00 to USD 1000.00 plus mandatory assessments
• DUI school attendance
• 6-month license suspension
• Possible installation of an ignition interlock device

‍

Penalties for Second Offenses

Subsequent offenses carry harsher penalties. A second DUI within 10 years can lead to:

• 10 days to 1 year in jail
• Fines up to USD 1000.00 plus mandatory assessments
• Attendance at an 18 month DUI school
• 2-year license suspension
• Installation of an Ignition Interlock Device for a year or longer.

‍

Penalties for Third Offense

• 120 days to 1 year in jail
• Fines up to USD $2,500 to $3,000
• 3-year license revocation
• Mandatory completion of a DUI education program
• Installation of an ignition interlock device (IID)
• Probation for up to five years

‍

Circumstances Leading to Felony DUI Charges

A DUI can be charged as a felony under specific circumstances. These situations elevate the severity of the offense and carry harsher penalties.

‍

Prior DUI Convictions

A fourth DUI within 10 years can be charged as a felony. Additionally, if a person has a prior felony DUI conviction, any subsequent DUI will be prosecuted as a felony regardless of the circumstances.

‍

DUI Causing Injury

When a DUI results in injury to another person, it can be charged as a felony under Vehicle Code 23153. Prosecutors must prove that the driver was under the influence and committed an illegal act or neglected a legal duty, causing bodily injury to someone other than the driver.

‍

DUI Resulting in Death

If a DUI causes a fatality, it can lead to felony charges such as vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated. In cases of extreme recklessness or prior DUI convictions, prosecutors may charge the offense as a felony DUI second-degree murder, also known as "Watson murder," which carries a sentence of 15 years to life in prison.

‍

Child Endangerment

If driving under the influence with a child under the age of 14 in the car, this can elevate the charge to a felony, especially if other aggravating factors (such as an accident or injury) are involved.

‍

Key Differences Between Misdemeanor and Felony DUI

Severity of Charges

The severity of DUI charges depends on specific circumstances. A misdemeanor DUI typically occurs when the blood alcohol content (BAC) is 0.08 or higher for drivers over the age of 21 and no injuries or accidents were involved. First, second, and third offenses within ten years are usually charged as misdemeanors. However, a DUI becomes a felony if it's the fourth offense within ten years, there's a prior felony DUI conviction, or the incident resulted in injuries or fatalities.

‍

Potential Jail Time

Misdemeanor DUI convictions have shorter jail terms served in county jails. In contrast, felony DUI convictions carry longer sentences in state prison. For example, a fourth DUI within ten years can lead to 16 months to three years in county jail. DUI causing injury may result in two to four years in county jail.

‍

Impact on Criminal Record

A misdemeanor DUI is a conviction that may be eligible for expungement from your criminal record, under certain conditions. A felony DUI conviction is much more difficult to expunge and can have long-lasting effects on employment, housing, and other aspects of life.

‍

Court Proceedings

A misdemeanor DUI is handled in misdemeanor courts and generally involves several court appearances, but the proceedings generally move faster than when charged with a felony.   A Felony DUI is tried in two parts, the first part is from arraignment through the Preliminary Hearing, which is a court hearing in which evidence is presented to the Court to show that there is sufficient evidence to believe the offense occurred and you committed it. If the Court holds you to answer on the charge(s), then you are indicted in the Superior Court, and your case would then proceed towards a jury trial on the felony charges.   

‍

Driving Privileges

A misdemeanor DUI may result in shorter license suspensions with the possibility of obtaining a restricted license for essential travel. A felony DUI leads to longer suspensions, often with no immediate option for a restricted license, and may require an Ignition Interlock Device (IID) upon reinstatement.

‍

Impact on Civil Rights

A Misdemeanor DUI generally does not affect civil rights such as voting or firearm ownership. A Felony DUI can result in the loss of certain civil rights, including the right to vote (while incarcerated) and the right to own or possess firearms.  Voting rights impact may vary per state.

‍

Legal Process for Misdemeanor DUI Cases

The legal process for misdemeanor DUI cases in California involves several stages. Initially, law enforcement detains the suspect and conducts an arrest. During booking, officers record personal information, take fingerprints and photographs, and document the alleged crime. The suspect may be released on bail or their own recognizance, depending on factors such as criminal history and offense severity.

‍

Court appearances begin with arraignment, where the judge informs the defendant of charges and rights. The defendant then enters a plea: not guilty, guilty, or no contest. It is generally not advisable to enter a plea at your arraignment, prior to reviewing all of the evidence that the prosecutor has to present against you.  This is a very good reason to have an experience DUI attorney assist you with your matter.  Pretrial proceedings follow, involving evidence review, plea negotiations, and motion filing.

‍

Plea bargaining often occurs, allowing defendants to plead guilty or no contest to reduced charges or sentences. This process can result in lesser penalties and avoid trial uncertainty. However, accepting a plea deal requires careful consideration and legal advice, as it waives certain constitutional rights and can be difficult to withdraw once accepted.

‍

Legal Process for Felony DUI Cases

In felony DUI cases, a preliminary hearing, or "prelim," is conducted. This crucial step determines if there's sufficient evidence to proceed to trial. The judge assesses whether probable cause exists to believe the defendant committed the crime. While it's rare for cases to be dismissed at this stage, it provides an opportunity for both sides to evaluate the strength of their case.  If the Court finds that there is sufficient evidence to “hold the defendant to answer” to the charges, the case will proceed towards a Jury Trial.  

‍

At a jury trial, the defense will challenge the evidence, potentially questioning the legality of the stop, the accuracy of tests, or the procedures followed during the arrest. If convicted, sentencing can be severe, including substantial prison time—ranging from 16 months to several years—hefty fines, lengthy probation, mandatory DUI education programs, and a possible loss of driving privileges. The outcome of a felony DUI trial can have lifelong consequences, making it a critical phase in the legal process.

‍

Throughout the entire process, your attorney will be obtaining and reviewing evidence and discussing your case with the prosecutor.  It may be that the prosecutor will make and offer to resolve your case without proceeding to a jury trial.

‍

Defense Attorney Role

Defense attorneys play a pivotal role in California DUI cases, acting as the primary advocates for individuals facing these serious charges. Their expertise is crucial in navigating the complex legal landscape, where they work diligently to ensure that their clients' rights are upheld throughout the legal process. A skilled defense attorney’s role extends beyond simply representing their client in court. They conduct thorough investigations into the circumstances of the arrest, scrutinize the evidence presented by the prosecution, and ensure that all legal procedures were correctly followed. A skilled DUI attorney can often point out the challenges that the prosecutor’s case presents and get the prosecutor to listen to your entire story in an effort to negotiate a better disposition to the case.  Their efforts often involve negotiating with prosecutors to achieve more favorable outcomes, such as reduced charges or lighter sentences. In some cases, they can identify critical issues that lead to case dismissals.