Under California law driving under the influence is usually a misdemeanor offense. Unlike in other states, in California blood alcohol level has no impact on how the offense is charged. There are only three factors that can make a DUI a felony instead of a misdemeanor.4 or more subsequent DUIs within a period of 10 years:If within a period of 10 years you have been convicted of 3 DUIs, any subsequent DUI will be charged as felony. The prior convictions include wet reckless and out of state DUIs. A prior can also be a probation violation after a DUI, or driving with a suspended license.An accident that causes great bodily injury:If another person is injured during an accident cause by a DUI, the DUI will be charged as a felony. Small injuries such as cuts, scrapes and bruises will not turn a DUI into a felony, but they can lead to a misdemeanor DUI with injury charges. In order to be charged with a felony DUI under this factor, it must be proven that you were at fault for the accident.A prior DUI conviction that was a felony:Any DUI received within 10 year of another felony DUI, will be charged as a felony. Even with a low BAC or if there was no accident involved it will still be charged as a felony.In order for a DUI to be charged as felony, the offense must meet one of the aggravating factors noted above. Penalties for a felony DUI are much harsher than misdemeanor ones, including longer jail or prison sentences and a felony can alter your life permanently, making it harder to find employment opportunities.Alcohol addiction treatment is a good way to minimize the penalties for a felony DUI, participating in treatment does not guarantee any leniency, but it will show that you are trying to better yourself. If you face a judge or prosecutor who favor treatment, treatment can benefit the outcome of your case.
If you or a loved one are facing DUI charges contact the Law Offices of David S. Chesley.
If you or a loved one are facing DUI charges contact the Law Offices of David S. Chesley. 
