Like every other state, California considers driving under the influence a punishable offense. While DUI charges are misdemeanors under some circumstances, other cases allow them to escalate to felonies. A felony DUI carries far more severe penalties, including lengthy prison sentences and steep fines.
Understanding when a DUI becomes a felony and securing expert legal representation can help you avoid these potentially life-altering consequences.
Misdemeanor vs. Felony DUI: What’s the Difference?
Typically, a first-time DUI is a misdemeanor. However, prosecutors can file felony DUI charges when aggravating factors are present. Courts treat these cases much more seriously, and they often involve mandatory prison exposure.
Judges can prosecute felony DUIs aggressively in cases that fulfill specific criteria.
1. DUI Causing Injury
Even relatively minor injuries you cause by driving impaired can be enough to trigger felony exposure, especially in incidents involving multiple people.
2. Prior DUI Convictions
If you have amassed three or more prior DUI convictions within 10 years, your next DUI will automatically be a felony, even if you didn’t injure or harm anyone.
3. Prior Felony DUI
Once you have one felony DUI conviction, a judge can rule any future DUI as a felony, no matter the circumstances.
4. Refusal to Submit to Chemical Testing
Refusing a breath or blood test can significantly worsen your case. While refusal alone doesn’t automatically make a DUI a felony, it strengthens the prosecution’s case and can contribute to felony-level consequences, including enhanced penalties and longer license suspensions.
5. Child Passengers in the Vehicle
Driving under the influence with a minor in your car can lead to additional charges, sentencing enhancements, and involvement from CPS. In serious cases, this factor can contribute to felony prosecution.
Penalties for a Felony DUI
A felony DUI conviction can result in:
- State prison time
- Thousands of dollars in fines and court fees
- Lengthy driver’s license suspension or revocation
- Mandatory DUI education programs
- Ignition interlock device requirements
- A permanent felony record
In cases involving injuries or fatalities, charges can escalate further to vehicular manslaughter or even murder, dramatically increasing sentencing exposure. These can remain on your record for years, affecting your employment prospects, credit, and reputation.
Why Early Legal Intervention Matters
Felony DUI cases move quickly and carry high stakes. The earlier you involve a defense attorney, the more options you may have. Early intervention can:
- Preserve evidence and challenge improper police procedures
- Contest the legality of traffic stops and arrests
- Reduce felony charges to misdemeanors when possible
- Minimize sentencing exposure
- Protect your driver’s license and professional future
Waiting too long can limit your defense options and allow damaging evidence to go unchallenged.
How Ciulla Law Can Help
The Law Firm of Salvatore Ciulla understands how devastating a felony DUI charge can be. With decades of experience handling complex criminal cases throughout California, Sal Ciulla knows how prosecutors build these cases – and how to dismantle them.
We work aggressively to protect your rights, challenge the evidence, and pursue the best possible outcome, whether that means reduced charges, alternative sentencing, or dismissal.
If you’ve been arrested for DUI in Santa Ana and believe your case may involve felony charges, don’t assume the outcome is inevitable. Early, experienced legal representation can change the trajectory of your case. Contact us today for your confidential consultation. We’ll evaluate your situation, explain your options, and fight to protect your freedom and future.
