Is a DUI a Felony in California?

February 14, 2023 | Ahmed & Sukaram, Attorneys at Law

Did you know that about 30 percent of traffic accident fatalities involve drunk drivers? Driving drunk is incredibly dangerous and can carry serious legal consequences. But is driving under the influence a felony in California?

In California, a DUI can be either a misdemeanor or a felony conviction. Read on to learn more about the circumstances in which a DUI is a felony in California.

When a DUI Is a Misdemeanor

There are some circumstances under which a DUI is a misdemeanor in California. If there are no other complications in the accident, a driver in California can be charged with a misdemeanor for their first three DUIs. Once you hit that fourth DUI arrest, the state may charge you with either a misdemeanor or a felony.

When a DUI Is a Felony

A DUI can be a felony under several different circumstances.

• If you have three previous DUI convictions from the past ten years
• If you have another previous DUI felony conviction
• If you cause a wreck that results in injuries or death
• If you endanger a child while driving under the influence

It’s important to note that, for the purposes of determining whether a DUI is a felony, a “wet reckless” conviction counts as a DUI conviction.

Penalties for a First DUI Conviction

Your first DUI misdemeanor conviction can come with a variety of penalties, including

• Up to six months in prison
• A fine of up to $1,000
• Up to five years of probation
• Participation in mandatory alcohol education or treatment for up to nine months
• Driver’s license suspension for up to ten months
• Installation of an ignition interlock device on your vehicle for up to six months

The severity of your punishment can depend on your BAC, your willingness to seek treatment, and whether your license was already suspended.

Penalties for a Second DUI Conviction

The more DUI convictions you have, the more severe the penalties get. On your second conviction, you may face

• Up to a year in prison
• A fine of up to $1,000
• Up to five years of probation
• Mandatory attendance at a California DUI school for up to thirty months
• Installation of an ignition interlock device on your vehicle for up to a year

Keep in mind that these penalties will only be this mild if the conviction remains a misdemeanor.

Penalties for a Third DUI Conviction

Your third DUI conviction may be your last misdemeanor in this area, and it will come with the most severe penalties. You may face

• Up to a year in prison
• A fine of up to $1,000
• Up to five years of probation
• Mandatory completion of a California DUI school lasting thirty months
• Installation of an ignition interlock device on your vehicle for two years or a three-year suspension of your driver’s license
• Designation as a “habitual traffic offender”

After your third conviction, you could be facing federal penalties, including designation as a felon.

Penalties for a Felony DUI

If you’re convicted of a felony DUI, you can face serious penalties, including

• Up to three years in prison
• A $1,000 fine
• Suspension of your driver’s license for four years
• Mandatory completion of a California DUI school lasting thirty months

Of course, these penalties only apply if your felony is based on previous DUI convictions. If you injure or kill someone in your accident, you could face

• Up to sixteen years in prison
• A $5,000 fine
• Suspension of your driver’s license for five years
• Mandatory completion of a California DUI school lasting thirty months

You could also face extralegal consequences for these convictions, such as work prohibitions, travel restrictions, and more.

Avoid a DUI Conviction

DUI convictions are a serious matter, especially if you have three existing convictions already. A DUI can be either a felony or a misdemeanor, depending on the circumstances. The more convictions you get, the more severe your penalties will be in the case of a conviction.

If you’ve been accused of a DUI, our lawyers can help you fight for justice in your case. Schedule a free consultation with us today and get the relentless defense you deserve.

Contact Our DUI Law Firm of Ahmed & Sukaram, Attorneys at Law Today For Help.

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Attorneys at Law at the nearest location for a free consultation.

Ahmed & Sukaram, Attorneys at Law – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Attorneys at Law – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500