If you’ve ever had a close encounter with the law while driving in California, you’ve probably wondered what kind of charges you could face in this state, especially after you’ve been drinking. What happens if you get pulled over while intoxicated? What is the legal blood alcohol limit? Is a DUI a felony in California? The answer to this last question depends on your history with DUIs, other felony convictions, and whether or not someone was injured as a result of your driving under the influence.
For first-time offenders, a DUI in California is usually classified as a misdemeanor, but there are several instances in which the charge can be escalated to a felony DUI. It’s essential to understand the differences between these charges, as they can have a significant impact on your future.
Both offense classifications can result in license suspension and will remain on your driving record for 10 years. However, misdemeanors typically result in fines or local jail time, whereas a felony DUI could mean serving a year or more in a state prison.
Find out more about DUIs in California, what classifies a felony DUI, and what you can expect if you’re faced with these serious charges.
What Is a DUI in California?
According to the California Vehicle Code, Section 23152, a DUI is defined as “any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug” while driving a vehicle.
The legal blood alcohol (BAC) limit for someone driving a non-commercial vehicle in California is 0.08 percent, and 0.04 percent for commercial drivers. Other substances like marijuana, don’t have a defined blood concentration limit.
Note that you can still be charged with a DUI even if your BAC is under the legal threshold, because law enforcement officers can determine driving impairment with visual cues and sobriety tests.
If this is your first (or second, or third) DUI in the last 10 years, you will most likely be charged with a misdemeanor. Depending on the circumstances of your arrest, a misdemeanor DUI may result in the following:
- Jail time (up to 6 months for a first offense) or probation
- License suspension (6 months or longer)
- Mandatory educational classes
- Fines and court fees
When Does a DUI Become a Felony in California?
When is a DUI a felony? In California, three main instances warrant a felony DUI charge:
1. Multiple DUI Offenses
If this is your fourth offense within 10 years, you will be charged with a felony DUI.
2. DUI Causing Injury or Death
When a DUI results in bodily injury (Vehicle Code §23153) or death (Watson murder / vehicular manslaughter), it is considered a felony DUI.
3. Prior Felony DUI Conviction
If you have been charged with a felony DUI in the past, any subsequent DUIs will also be classified as felony offenses (even after 10 years).
Legal Penalties for a Felony DUI in California
If a DUI is a felony in California, the legal penalties and fines are more severe.
- Prison time vs. jail time
A felony DUI usually results in 16, 24, or 36 months in a state prison or 6–12 months in jail. If death is involved, the driver could face up to life in prison.
- Fines and restitution
The fine for a felony DUI ranges from $390–$1,000, not including penalty assessments. If another party was injured, you may also be ordered to pay restitution for medical bills, property damage, etc.
- Driver’s license suspension or revocation
The DMV may revoke your license for up to four years (or longer if aggravating circumstances are present) after a conviction for a felony DUI.
- Ignition interlock device (IID)
California judges may allow you to drive after a certain amount of time, provided you have installed an ignition interlock device. This tool requires a breathalyzer to start the car.
- Probation and mandatory DUI programs
Probation for a felony DUI is typically 3–5 years and involves an 18–30 month drug and alcohol program.
How a Felony DUI Impacts Your Life
Even if you receive a light sentence, a felony DUI has an adverse ripple effect on your life.
- Employment and background checks: Felony charges show up on employment background checks, so you may be less likely to get and/or keep a job. Your professional license (doctor, teacher, psychologist, etc.) may also be revoked.
- Immigration consequences: A felony DUI may also negatively impact your immigration status or lead to deportation.
- Firearm rights: After receiving a felony DUI in California, you lose the right to buy and own firearms.
- Long-term consequences compared to a misdemeanor: Because felonies are much more serious than misdemeanors in the eyes of the law, a felony DUI will stick with you for years to come. You may see difficulties such as higher insurance premiums, exclusion from school volunteering, and limited travel opportunities in the future.
Can a Felony DUI Be Reduced or Expunged?
A felony DUI can be expunged in California if you meet certain requirements, such as completing probation and having no state prison sentence. Expungement can cost up to $2,000 in court and legal fees.
Reduce to a misdemeanor
A felony DUI can also be reduced to a misdemeanor under Penal Code 17(b). Your lawyer can file a motion to reduce your charge after the preliminary hearing, at sentencing, or after felony probation.
Factors courts may consider when reducing or expunging a felony DUI:
- Limited or no criminal history
- Felony DUI that did not result in death, injury, or endangerment of a child
- Probation completion
- Signs of rehabilitation
- No state prison sentence
How a DUI Lawyer Like Kevin Heaney Can Help
At Kevin Heaney Law Offices, we understand the trauma that comes with receiving a criminal charge, which is why we believe everyone deserves a fair trial with the best possible outcome. As a licensed and practiced DUI attorney, Kevin Heaney has been representing clients for over 25 years and has the expertise to guide you through the process every step of the way. If you’re facing a misdemeanor or felony DUI charge, contact us today to receive the help and care you deserve. We’re here for you.