DUI offenses are usually punished with misdemeanor penalties on the first, second, or third DUI charge. Nevertheless, a DUI becomes a felony if it causes injury, ends in death, or represents a fourth conviction. Conviction of a felony entails inevitable consequences, including hefty fines, a revoked driver's license, mandatory treatment for DUI, and possibly long prison time. If a DUI leads to injury, the authorities can charge you under California Vehicle Code 23153, whose conviction could result in several years of imprisonment and a life-long felony record. When someone dies as a result of the DUI incident, the prosecution can file vehicular manslaughter or second-degree murder charges, depending on the facts of the case. All these charges bear life-changing consequences.

Driving under the influence charges requires a strong legal defense. The San Diego DUI Attorney team has enough expertise and skills to help you challenge the charges and thus safeguard your future. We will help you fight charges for felony DUI and possibly have the charges reduced or dropped.

When Does a Misdemeanor DUI Become a Felony DUI

California law establishes clear guidelines for when a DUI crime can be considered a felony. Generally, most of the first, second, and third DUI offenses count as misdemeanors, but certain aggravating factors can lead to felony charges. The factors vary in intensity, and thus, the penalties for conviction also vary.

A DUI offense can be charged as a felony in the following circumstances:

  1. Fourth DUI Offense Within 10 Years

Under Vehicle Code 23550, if you have three or more DUI convictions in the past decade, the fourth DUI is automatically charged as a felony. The 10-year lookback period comprises all previous DUI offenses committed in California or another state.

The fourth DUI, or felony DUI in this case, attracts the following penalties if convicted:

  • Imprisonment for 16 months, 2 years, or 3 years in a county jail

  • Fines amounting to $10,000

  • Driver's license revocation for up to 4 years

  • Mandatory enrollment and completion of an 18- or 30-month DUI education program are

  • Designation as a habitual traffic offender (HTO) as designated by the California Department of Motor Vehicles (DMV)

Under California Vehicle Code Section 12810, any individual convicted of three or more significant violations within 12 months is deemed a habitual traffic offender. In most cases, the violations considered other than DUI include:

  • Hit-and-run accidents

  • Reckless driving

  • Driving with a suspended or revoked license

  • Driving without insurance

The HTO designation comes with profound implications, namely:

  • License suspension or revocation — The initial problem with being labeled as a habitual traffic offender is that it usually results in an extended suspension or revocation of your driver’s license. The Department of Motor Vehicles (DMV) can either revoke or suspend your license for at least three years if it is a first-time habitual offender designation. Further violations or additional serious traffic offenses can lead to longer suspensions or even permanent revocation of your driving privileges.

  • Hefty fines for subsequent incidents — If you are classified as a HTO, you will be punished harshly. For instance, if you drive with a suspended or revoked license, you can be charged with more serious criminal offenses, pay more in penalties, and receive more extended periods of suspension. Even minor infractions can lead to increased punishment due to your habitual offender status.

  • Problems in reinstating your license — Reinstating your license after being labeled as an HTO can become difficult. It requires, first of all, completing traffic school, paying heavy fines, and proving you have dealt with the necessary issues that had influenced your driving conduct, for example, taking part in a DUI program. In one case, you may have to have a hearing with the DMV to request the suspension be lifted and present evidence of rehabilitation.

  • Impact on your employment — Being a habitual traffic offender can affect your employment, especially jobs requiring driving skills. Employers often avoid hiring and retaining employees who have traffic violations in the past.

  • Increased insurance rates — A HTO designation is seen by the insurance companies as a high-risk client, leading to increased insurance premiums. Some of them might even deny giving any coverage at all. Therefore, this makes it hard to have compulsory auto insurance. Your inability to have or buy insurance makes reinstating your license more complicated.

  • Increased scrutiny in future legal matters — A habitual traffic offender designation will lead to heightened scrutiny of legal issues you could face, whether criminal or civil. The courts might take your traffic violations very seriously and see them as evidence of reckless behavior, which might affect different cases, like personal injury lawsuits and child custody.

  1. DUI After Prior Felony DUI Conviction

If you have a previous felony DUI conviction on your record, any following DUI, regardless of whether it involves injury or aggravating factors, will automatically be charged as a felony. If convicted, you will face the penalties outlined under Vehicle Code 23550.5, which include the following:

  • Up to 3 years in the state prison

  • Fines of $10,000

  • Driver’s license suspension or revocation

  • More extended probation with strict rules, including mandatory alcohol monitoring

  1. DUI Causing Injury or Death

DUI turns into a felony when a driver, while drunk, causes bodily injury or death to another person. The prosecutor has to establish that:

  • You were the driver

  • You were under the influence

  • Your actions caused the injury or death of another

If convicted of DUI-causing injury, which is a violation of Vehicle Code 23153, you could face the following penalties:

  • A 16-month, 2-year, or 3-year imprisonment

  • Fines up to $5,000

  • Restitution payments to victims

  • Driver's license suspension for 5 years

  • Enrollment in a DUI education program

In case the DUI leads to death, the prosecutors might go for vehicular manslaughter while intoxicated, a violation of Penal Code 191.5, or second-degree murder under the "Watson Murder." This doctrine comes with a prison term of 15 years to life, fines of up to $10,000, and a restitution order to compensate the victim's family. The conviction is also classified as a "strike" under California's Three Strikes law, which increases sentencing severity for future strikeable offenses. Moreover, your driver's license will be permanently revoked, so you cannot regain your driving rights.

A Watson murder charge arises from causing a death during a drunk driving incident after having previously received a Watson advisement, which is a formal warning that death due to drunken driving can result in murder charges. California law classifies this act as second-degree murder because you were aware of the risks that come with driving drunk, but you continued to engage in the dangerous behavior.

If you had been previously convicted of a DUI violation, the court most probably gave you a Watson advisement with a warning that driving under the influence of drugs and alcohol risks killing people and that it may lead to murder charges in the future. If you then decide to drive while intoxicated, resulting in a deadly crash, the prosecutors will claim that you acted with conscious disregard for human life, which is an important aspect of implied malice. A Watson murder charge differs from DUI manslaughter as it does not require proof of your intent to kill, only that you purposely took the risk of driving under the influence.

You will likely be convicted if the prosecutors prove the following:

  • You were under the influence when the accident happened — The chemical tests, field sobriety tests, or officer observations will be introduced as evidence.

  • You had a previous DUI conviction that made it necessary for a Watson advisement to be given to you, which is proof that you were aware of the dangers of driving while impaired.

  • You acted with implied malice, which means you intentionally drove after drinking, even if you were well aware of the potential danger to someone’s life.

  1. DUI With Great Bodily Injury

If the DUI incident results in serious physical injuries, prosecutors can add a great bodily injury (GBI) enhancement as outlined under Penal Code 12022.7. This enhancement adds years to the felony DUI sentence, making it one of the most serious DUI-related charges.

The penalties include:

  • 3 to 6 additional years in state prison added to the DUI sentence

  • A strike under California's Three Strikes Law

  • Higher fines and payments to the victims

Other Felony Charges Related to DUI

Beyond felony DUI charges, some aggravating factors can lead to additional felony charges, thus compounding the legal consequences. These include:

Child Endangerment

If you are arrested for DUI while a minor under 18 is in the car with you, you could face felony child endangerment charges under Penal Code 273a. This is a separate charge from the DUI that carries severe penalties.

You could be charged on misdemeanor charges if the child faced no risk of great bodily injury or death. If convicted, you could face the following penalties:

  • Up to one year in jail

  • Fines of up to $1,000

  • Probation instead of jail

You could be charged with misdemeanor or felony charges if the child faced a risk of great bodily injury or death.

If convicted on misdemeanor charges, you could face the following penalties:

  • Up to one year in jail

  • Fines of up to $1,000

  • Probation instead of jail

If convicted on misdemeanor charges, you could face the following penalties:

  • 2, 4, or 6 years in prison

  • Fines of up to $10,000

There is a mistaken belief that a DUI involving a minor automatically becomes a felony. The DUI itself remains a misdemeanor unless there are other factors, but child endangerment can be a reason to increase the legal consequences.

Legal Defenses for Felony DUI Charges

Dealing with felony DUI charges requires a well-planned approach that considers the facts of the case. Some of the most effective legal defenses include:

Questioning Field Sobriety Tests (FSTs)

Field sobriety tests (FSTs) like the walk-and-turn and one-leg stand tests are subjective and error-prone. Conditions like uneven pavement, poor lighting, or even a lack of an officer's proper training may affect test results. Besides, some medical conditions, like vertigo or injuries, could hinder a person from performing even the sober ones successfully.

Your attorney could argue that external factors interfered with the accuracy of the tests, thereby undermining the evidence of intoxication.

Challenging the Accuracy of Chemical Tests

Breathalyzers and blood tests are not infallible. An experienced DUI attorney can challenge the reliability of the test results by presenting the following arguments:

  • The equipment used for testing was incorrectly calibrated

  • There is evidence of a malfunction in the equipment

  • The officer who did the test did not have the proper certification

  • The sample was contaminated or mishandled, mainly if there are problems with the chain of custody

Questioning the Legitimacy of Traffic Stop

A traffic stop for DUI must have reasonable suspicion. Hence, if the stop was unlawful, any evidence obtained cannot be used in court.

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. So, in a DUI context, police must have a reasonable cause to pull you over. Your attorney could argue that the traffic stop was illegal if it was based on:

  • An officer’s unproven suspicion

  • An anonymous tip without collaboration

  • A failure to follow due procedure

If the stop was unlawful, any evidence gathered from the stop, like field sobriety tests or chemical test results, could be inadmissible in court, which might allow a case to be dismissed.

Proving Absence of Causation in Injury Cases

In cases of felony DUI that involve injuries, the prosecutor needs to prove that your intoxication was the direct cause of the accident. If other factors, like another driver's behavior, contributed to or caused the collision, it might affect the prosecution case.

Affirming a Lack of Impairment

Sometimes, symptoms like fatigue, stress, or other medical conditions can mimic signs of intoxication. Your attorney could introduce expert testimony to back the argument that though the tests point to a blood alcohol content, that could have resulted from any of the following:

  • Gastroesophageal reflux disease (GERD) and acid reflux

  • Diabetes and hypoglycemia

  • Auto-brewery syndrome, a condition that enables the human body to convert carbohydrates into alcohol, which raises blood alcohol levels even though the individual does not consume alcohol

Claiming You Were Not in Control of the Vehicle

If you were found in a parked car or there is little or no evidence of you driving the vehicle, the prosecution may struggle to prove the DUI charge beyond a reasonable doubt. Your attorney could argue that you were not in control of the car or driving it at the stop. Hence, there are no grounds for a felony DUI charge.

Challenging the Cause of Injury or Death

If you are facing a felony DUI for causing the injury or death of another person, your attorney could challenge the cause of the injury or death. The prosecution needs to prove that your driving under the influence led to the accident and the injuries. Your lawyer could assert that other causes, like another driver’s fault, the breaking down of the vehicle, or damaged roads, as the true causes of the incident.

This defense works if the prosecution is unable to prove beyond a reasonable doubt that the defendant’s intoxication was the sole or leading cause of the injury or death of the victim.

Impact of a Felony DUI Conviction on Gun Rights and Immigration Status

A felony DUI conviction could also impact your gun rights and citizenship status. Per California Penal Code 29800, a conviction for a felony DUI will result in you losing your right to own, possess, or purchase firearms. Law enforcement agencies have a zero-tolerance policy toward the violation of this regulation, and any breach of it results in the imposition of additional felony charges. Although you can legally restore your gun rights with the help of a pardon or expungement, the procedure is not easy. You will not be able to acquire a firearm even if you are granted relief in California because the federal law would bar you from owning one.

A felony DUI could also threaten your immigration status if you are not a U.S. citizen. Federal law may categorize your act as a crime of moral turpitude (CIMT) or as an aggravated felony, which could trigger deportation, inadmissibility, or ineligibility for naturalization. If your DUI resulted in injuries, deaths, or a combination of the two, immigration authorities could react by beginning removal processes faster.Even if you have legal residency, removal proceedings could threaten your ability to remain in the country.

Plea Bargaining in Felony DUI Cases

Your attorney plays a vital role in striking a plea deal arrangement, which can lead to a reduced charge and, consequently, lighter penalties. In DUI cases, one of the options could be to negotiate for the reduction of a felony or misdemeanor DUI charge to a “wet reckless” charge. Consequently, this approach would considerably reduce the penalties that might have come with a DUI verdict, including confinement, fines, and probation. Unlike DUI convictions, a “wet reckless” conviction is usually seen as a minor crime, and people often receive lighter punishments. In some cases, it might also prevent the automatic suspension of a driver's license, which usually impacts the ability to work and carry out daily activities.

Nevertheless, it is crucial to mention that a plea deal is not always available or effective in every case. For instance, if the DUI charge involves a serious injury or death, the matter at hand. It may still be advisable to have a word with your lawyer regarding this approach because he/she will identify potential opportunities for negotiation that could help your situation. If your case has mitigating factors, it could work in your favor and thus make a charge reduction much more plausible.

Mitigating factors in DUI cases are not only crucial, but they also can strengthen your arguments when negotiating a plea deal. Factors such as:

  • Completing a DUI education course

  • Attending an alcohol recovery program

  • Showing the judge your community service certificates can make a difference in the outcome of your case.

These efforts show the court your willingness to take accountability for your actions and are actively working to address any underlying issues like alcohol dependency. Presenting these issues as mitigating factors for your defense can sway the court, especially in negotiations for plea deals or in deciding the sentence. If the judge sees you are genuinely trying to change, he/she might be more inclined to give you a shortened term or a lighter penalty.

In circumstances where you are a repeat DUI offender or an accident has occurred, it will be difficult to come by a plea deal. Felony DUI cases especially have their own set of challenges. Unlike misdemeanor DUI cases, which might have options like diversion programs or rehabilitation-focused sentences, felony DUI defendants are usually left with few choices. Most of the time, the courts do not have alternatives for rehabilitation for those who have committed a felony, notably when it concerns DUI that resulted in substantial damage to others. The gravity of the crime can influence the court's willingness to offer leniency, and felony DUI cases that include injury or death of others are likely to result in more severe penalties.

What is more, the presence of aggravating factors, like having prior DUI convictions, reckless driving, or having a high blood alcohol content, makes the negotiations for a reduced sentence harder.

The severity of the crime often diminishes judges' willingness to be lenient, and the implications of felony DUI charges can be severe. Despite these challenges, a competent lawyer will work to negotiate the best possible outcome, stopping at nothing to find options for alternative sentencing or reduced penalties.

Find a Felony DUI Attorney Near Me

A felony DUI charge is undoubtedly more challenging and involves a lot more severe consequences when compared to a misdemeanor DUI, even if it is your first offense. A felony DUI penalty can be devastating, for it could entail long periods of incarceration, hefty fines, and a lasting criminal record. The impact of a felony conviction also extends to employment opportunities and professional licenses.

Given the gravity of these charges, the importance of having a proficient DUI defense lawyer at your side cannot be overstated. The San Diego DUI Attorney can guide you through the legal system, help you understand your options, and fight to reduce charges or penalties. Call us at 619-535-7150 for more information.