When does a drunk driving arrest turn into Felony DUI charges?
A standard drunk driving arrest usually results in a misdemeanor charge.
The main reason that felony DUI charges are brought in California is because a person, other than the alleged drunk driver, was injured as a result of the alleged drunk driving.
A person may also be charged with felony drunk driving if they have at least one prior felony DUI on their record.
Is a second DUI automatically a Felony DUI?
A second DUI arrest will not result in an automatic Felony DUI charge. If a person is being charged for a 4th DUI charge within a period of 10 years, they may be charged with a Felony DUI.
It is up to the district attorney as to whether or not to file felony DUI charges in the case of a fourth DUI charge in a 10 year period. Under most circumstances a district attorney will file a charge of Felony DUI in this situation.
Since it is not required by law, there is room for a plea bargain when a felony DUI is charged only because it is the fourth in a ten year span.
What penalties come as a result of a Felony DUI conviction?
A felony DUI with injury can result in sixteen months to ten years in California State prison. An additional and consecutive one to six years of prison can be added depending on how many people were injured and the extent of those injury.
In addition to prison time, a person convicted of Felony DUI with injury can expect fines of between $1,000 and $5,000, an 18 – 30 month alcohol/drug program and restitution to all injured parties.
A person convicted of Felony DUI due to a fourth DUI in a 10 year span or because of a prior Felony DUI on their record can expect 2 – 3 years of state prison time. Fines of up to $1000, a four-year drivers license suspension and a designation as a habitual traffic offender by the DMV can be expect in this type of felony DUI case as well.
I’ve been charged with Felony DWI, what now?
You need to contact a dedicated and aggressive local DUI attorney now.
Contact the Sacramento DUI defense attorneys today so we can fight for you and keep the Felony DUI punishment to a minimum.