COVID-19 Update:
During this time, we remain fully open and available for alternative meetings and conferencing through extensive calls. We are also accepting payments and retaining clients via phone.

Law Offices of Mark Girdner
  • Home
  • Attorney Profile
  • Criminal Defense
  • Why Hire Us?
  • Contact Us
  • Testimonials
  • Call Today
  • Email Us
  • Our Map
  • Menu
Free Initial Consultation 209.326.1533

Former Deputy District Attorney Now Fighting for You

What Makes a DUI a Felony?

  • Experienced Trial Attorney

    As a former prosecutor & skilled trial lawyer, Mark Girdner
    knows how to protect you rights.

    Why Hire Us?
  • Ready to Take Action?

    Call now to request your free consultation. We are available
    to accept calls and cases 24/7.

    Get Your Free Consultation

Contact Us

Send My Message

Criminal Defense

How Can We Help You?

  • DUI
  • Drug Crimes
  • Domestic Violence
  • Violent Crimes
  • Sex Crimes
  • Theft Crimes
  • Gang Crimes
  • Fraud Crimes
  • Juvenile Crimes
  • Federal Crimes
  • Embezzlements
  • Frequently Asked Questions
Blog 2017 September What Makes a DUI a Felony?
Previous Post  |  Next Post

What Makes a DUI a Felony?

Posted By Law Offices of Mark Girdner || 21-Sep-2017

Although a DUI is typically charged as a misdemeanor, under certain circumstances, it can be considered a felony. If you’re arrested for driving under the influence, it’s important to know what kind of charge you face and what this means for your case.

Difference Between Felony and Misdemeanor

Before we get into what constitutes a felony DUI, let’s take a closer look at the difference between a misdemeanor and felony. While they’re both criminal charges, misdemeanors are less serious while felonies involve more complex trials and harsher penalties.

Misdemeanor: Carries a maximum of 1 year in jail, to be served in county jail, fines typically under $1,000 and probation.

Felony: Carries a minimum of 1 year in jail, fines will in excess of $1,000 (tens of thousands of dollars), and parole. Longer prison sentences are served in a state prison. Additionally, once you are convicted of a felony, you lose the right to bear arms (forever) and vote (temporarily).

Three Instances Where a DUI Can Be a Felony

A California drunk driving charge may result in a felony if:

1.Someone is injured or killed: If your DUI involves an accident where someone was hurt or killed, it could count as a felony. If someone dies, you can be charged with DUI vehicular manslaughter or DUI second-degree murder. It all depends on the specific facts of your case and criminal history.

2.You get 3 or more DUI convictions within the last 10 years: If you get a 4th DUI charge, it can be tried as a felony. Prior offenses include any combination of the following: a DUI, a “wet reckless,” or an out-of-state conviction that would be the equivalent to a DUI. Also, the 10 years refers to the date of each offense and not the conviction. If you were charged, but not convicted, 10 years and 1 day from the date of your 4th DUI offense, you would face a misdemeanor charge.

3.You have a prior felony DUI conviction: If you already have a felony DUI, any subsequent DUI convictions will automatically be a felony.

A California felony DUI conviction has severe penalties including substantial prison time, heavy fines, and the loss of your driver’s license for several years. If you have been arrested for driving under the influence, contact our Modesto DUI defense attorney at the Law Offices of Mark Girdner. Our firm may be able to toss out evidence against you, find holes in the prosecution’s case, and get your charges reduced or even dropped.

Call (209) 326-1533 or contact us online for a free consultation.

Categories: DUI

Share Post

Law Offices of Mark Girdner
Call 24/7

(209) 326-1533

Law Offices of Mark Girdner - Modesto Criminal Defense Attorney
815 15th Street, Modesto, CA 95354 View Map
Main (209) 326-1533
Local (209) 524-7600
Website: https://www.markgirdnerlaw.com/
  • Visa
  • MasterCard
  • AMEX
  • Discover
  • Client Testimonials
  • Why Mark Girdner
  • Free Consultation
  • Practice Areas
Site Map|Privacy Policy
© 2021 All Rights Reserved.
Internet Marketing Experts