How are the penalties different for a felony DUI in California?

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Question:

How are the penalties different for a felony DUI in California?

Answer:

Driving under the influence in California or any other state, typically, results in a misdemeanor charge. There are instances, however, when the DUI is upgraded into a felony. In California, this may occur as the result of several factors. A felony DUI is not necessarily an aggravated form of DUI. An aggravated DUI in California results in increased penalties.

When Is A DUI A Felony In California?

Usually, a DUI is a misdemeanor. This includes second and even third instances. A fourth DUI, however, is a felonious action. A DUI also metamorphoses into a felony if it has any of the following characteristics:

  • Injury to a third party
  • Death of a third party to a third party
  • You had at least 3 drunk driving charges within the past 10 years
  • A pervious DUI charge was a DUI felony

It is important to recognize the differences. A felony resulting in conviction means extensive time in the California prison system.

What Is An Aggravated DUI In California?

A Dui can be a misdemeanor or a felony. There are also instances of charges of aggravated DUI in California. Essentially, aggravated DUI is more heinous than simple DUI, but it may not necessarily be a felony. An aggravated DUI in California may mean

  • Having a blood alcohol content (BAC)  of .15 or .20
  • Refusing a sobriety test
  • Having a minor in the car
  • 21-years-old

Seeking Legal Advice

If you find yourself faced with an aggravated DUI in California or a felony DUI, take this option. Consult a qualified attorney. He or she can help you decide how best to defend yourself against the charges.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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