Is a DUI a Felony in California? 2025

Is a DUI a felony in California? The answer is yes, it can be. Whether your DUI charge may be deemed a misdemeanor or a felony depends on your circumstances. The factors that determine whether a DUI is a felony include your age, criminal history, and whether you were charged with additional offenses alongside driving under the influence. Speak with a qualified felony DUI defense attorney to find out more about your situation.

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Understanding the Basics of DUI Crimes in CA

In the state of California, it is prohibited by law for any individual to operate a motor vehicle while under the influence of alcohol or other substances. A driver can be arrested and charged with driving under the influence (DUI) if their blood alcohol content (BAC) is above the legal limit.

Additionally, if an officer observed any apparent symptoms of intoxication or determined that a driver was unable to operate a vehicle safely due to impairment, the driver could face DUI charges.

The legal BAC limit is 0.08%, so a test result of 0.08 or above is considered proof of alcohol intoxication. Drivers age 21 or under or individuals on DUI probation cannot have a BAC of 0.01% or higher. Commercial drivers cannot have a BAC of 0.04% or higher.

Even if your BAC result is ultimately within the legal limit, you may still be arrested if it’s determined you are too impaired to drive safely. Depending on your driving conduct and whether there are signs of intoxication, the decision to arrest you for suspicion of DUI is at law enforcement’s discretion. Symptoms officers look out for include slurred speech and erratic or reckless driving.

Legal Penalties for a DUI Felony in California

The vast majority of DUI charges are at the misdemeanor level. Although misdemeanor offenses are inherently less severe than felonies, that doesn’t mean a misdemeanor conviction is not cause for serious concern. In California, legal penalties for a misdemeanor DUI include a sentence in county jail, fines, enrollment in an alcohol education program, a license suspension, and the installation of an ignition interlock device in your vehicle.

There are instances where a DUI charge may be escalated from a misdemeanor to a felony offense. For example, if you caused an accident while under the influence that resulted in the death or serious bodily injury of another person, it’s likely you will face a felony charge. Additionally, you’re likely to be charged with felony DUI if you have a prior DUI conviction at the felony level or if it’s your fourth DUI offense within the lookback period (10 years).

Penalties for a felony DUI charge include incarceration at a state prison, heavy fines, suspension of your driver’s license, mandatory attendance in DUI school, and a designated period as a habitual traffic offender. Legal punishment can vary depending on whether the driver caused serious harm to others, their age, blood alcohol content at the time of arrest, and prior criminal history.

Why It’s Always Worth Fighting a DUI in CA

Whether it’s your first or fourth offense, there’s never a situation where you shouldn’t consider fighting against a DUI charge. It’s worth having qualified and professional legal counsel by your side when facing any criminal charges because a lawyer can protect your rights, potentially lessen the charges against you, or even avoid a conviction altogether. A skilled DUI lawyer understands how to build the most effective defense case possible on your behalf.

It’s always wise to try to avoid gaining a conviction on your criminal record – even if you already have prior convictions, the charge seems minor, or this is your first offense. A conviction can bring long-term negative consequences to your future, including escalating any criminal charges you may face down the line. A DUI felony conviction can make it harder to find a job or secure housing and can increase your insurance premiums.
In California, a DUI stays on your record for years, but you may be able to have the charges dismissed with the help of an experienced expungement lawyer. If approved, the charges are dismissed, and employers or landlords can’t use them against you.

FAQs

Is a DUI a Felony Offense in California?

In California, most DUIs are misdemeanors, but there are instances when it may be deemed a felony – especially if you have a prior history of DUI convictions on your record. When it’s the fourth DUI charge in the past 10 years, you have a prior felony DUI conviction, or your misconduct resulted in the death or serious injury of another person, you can be charged with a felony even if it would normally be deemed a misdemeanor.

Is It Possible to Get a DUI Charge Dismissed?

Yes, it is possible for the DUI charges against you to be ultimately dismissed, but this is never guaranteed. Getting your case thrown out depends heavily on the circumstances, such as how much evidence the prosecution has available, your lawyer’s defense strategy, and whether you have similar prior convictions. Speak with any attorney to understand your options.

What Are the Legal Penalties for a Felony DUI?

In the state of California, the legal penalties for a felony DUI conviction include a prison sentence, suspension of your driver’s license, heavy fines, mandatory alcohol education, and any additional punishment the court deems appropriate. The severity of these penalties depends on the specific charges against you, your criminal history, your age, and whether you caused physical harm to another person. Understanding the minimum sentence for a DUI in California can help you know what to expect if you are facing these charges.

Is It Worth Fighting a DUI If I’m Guilty?

Yes, it’s always considered a good idea to challenge DUI charges in California, regardless of the circumstances, including believing you are guilty of the offense. The prosecution must prove that you were impaired, which can be difficult at times, depending on what evidence is available. That’s why you should consult with a criminal defense attorney even if you think your case is predetermined.

Strong Criminal Defense for Your Felony DUI

At the Law Office of Conor Bell, our team is dedicated to helping you through this difficult time. We have successfully represented countless clients against DUI charges over the years, providing each person’s case with the attention and effort it deserves. Contact us today to schedule an initial meeting with a capable DUI defense attorney.