If you are facing charges of driving under the influence (DUI), you may be wondering if your offense is a misdemeanor or a felony. While all DUI charges are serious, the severity of the offense can vary depending on the circumstances surrounding the incident. In this article, we will explain when a DUI becomes a felony offense and what you can expect if you are facing these charges.

What Is a DUI?

Before we discuss when a DUI becomes a felony, let's first define what a DUI is. A DUI is a criminal offense that occurs when an individual operates a motor vehicle while under the influence of drugs or alcohol. The legal blood alcohol concentration (BAC) limit for drivers in California is 0.08%, which means that if a driver's BAC is at or above this limit, they can be charged with a DUI.

Misdemeanor DUI vs. Felony DUI

In California, a DUI is typically charged as a misdemeanor offense. However, in certain circumstances, it can be elevated to a felony offense. Here are the factors that can cause a DUI to be charged as a felony:

Multiple DUI Offenses

If you have multiple DUI convictions on your record, your current DUI offense may be charged as a felony. In California, a fourth DUI offense within 10 years is an automatic felony, regardless of whether anyone was injured or property was damaged.

DUI Causing Injury or Death

If you are involved in a DUI accident that causes injury or death to another person, your DUI offense will likely be charged as a felony. Depending on the circumstances of the accident, you may face charges of vehicular manslaughter or even murder.

Driving on a Suspended License

If you are driving on a suspended or revoked license at the time of your DUI arrest, your offense may be charged as a felony. This is because driving with a suspended or revoked license is a serious offense in California.

Child Endangerment

If you are arrested for DUI while transporting a minor in your vehicle, your offense may be charged as a felony. Child endangerment charges can also be added if you were driving recklessly or endangering the child in some other way.

4 Ways a DUI Can Be a Felony in California

A DUI can be considered a felony in California under the following circumstances:

Fourth DUI Offense

If you are arrested for a fourth DUI within ten years, you can be charged with a felony. The previous three DUI convictions can be from any state, not just California.

Prior DUI Felony Conviction

If you have a prior felony DUI conviction on your record and are arrested for another DUI, you can be charged with a felony.

DUI Causing Serious Injury

If you are involved in a DUI accident that causes serious bodily injury to another person, you can be charged with a felony.

DUI Causing Death/DUI Murder

If you are involved in a DUI accident that results in someone's death, you can be charged with DUI murder.

How Does a 4th DUI Offense Felony Charge Work?

If you are arrested for a fourth DUI offense within ten years, you can be charged with a felony. The previous three DUI convictions can be from any state, not just California. A fourth DUI felony charge carries more severe penalties than a misdemeanor charge, including:

• Up to three years in state prison
• A fine of up to $1,000
• A driver's license suspension of up to four years
• Required completion of a DUI treatment program

Penalties for a Felony Fourth DUI Generally:

Penalties for a felony fourth DUI generally include:

• Imprisonment in state prison for up to three years
• A fine of up to $1,000
• Revocation of your driver's license for four years
• Required completion of a DUI treatment program
• Potential installation of an ignition interlock device (IID) on your vehicle for up to three years

How Does a Prior DUI Felony Conviction Work?

If you have a prior felony DUI conviction on your record and are arrested for another DUI, you can be charged with a felony. The penalties for a second DUI felony conviction are more severe than those for a first-time felony, including:

• Up to three years in state prison
• A fine of up to $1,000
• A driver's license suspension of up to four years
• Required completion of a DUI treatment program

How Does a Felony DUI Causing Serious Injury Work?

If you are involved in a DUI accident that causes serious bodily injury to another person, you can be charged with a felony. The penalties for a felony DUI causing serious injury are more severe than those for a misdemeanor, including:

• Up to three years in state prison
• A fine of up to $5,000
• Restitution to the victim for their injuries and medical expenses
• A driver's license suspension of up to five years
• Required completion of a DUI treatment program

Penalties for Felony DUI Causing Serious Injury

Penalties for felony DUI causing serious injury generally include:

• Imprisonment in state prison for up to three years
• A fine of up to $5,000
• Revocation of your driver's license for five years
• Required completion of a DUI treatment program
• Potential installation of an ignition interlock device (IID) on your vehicle for up to three years

How Do Felony DUI Causing Death/DUI Murder Charges Work?

A DUI causing death or DUI murder is a severe offense that can lead to significant penalties, including life imprisonment. A DUI causing death or DUI murder occurs when a person drives under the influence and causes an accident that results in someone's death.

When Is a DUI a Murder?

A DUI can be charged as murder if:

• The driver had a prior DUI conviction within 10 years
• The driver was under the influence of drugs or alcohol
• The driver acted with implied malice or gross negligence
• The accident caused the death of another person

The Penalties for DUI Murder

The penalties for DUI murder can include:

• 15 years to life in state prison
• Fines ranging from $10,000 to $20,000
• Revocation of the driver's license

If you are facing charges of DUI in Sacramento, California, the Law Offices of John Campanella can help you. Experienced DUI lawyer is here to guide you through the legal process and defend your rights. We offer a free consultation to discuss your case and determine the best course of action.

You can reach us at 901 H St. Suite 301, Sacramento, CA 95814, Monday through Friday from 8:30 am to 5:00 pm. Give us a call at (916) 498-8460 to schedule your free consultation with one of our skilled DUI attorney. Don't wait, get the legal representation you need to fight