Felony DUI by Priors
California DUI cases are charged as either misdemeanors or felonies, depending on the facts of the case. In California, if you have three or more prior DUI convictions or just one felony driving under the influence conviction within the past 10 years, your next drunk driving arrest can be charged as a felony. A skilled California DUI attorney from The Kavinoky Law Firm is ready to review your felony drunk driving case and build a comprehensive strategy to defend your rights.
In California, first, second, or third time DUI arrests that don’t involve accidents, injury or death are pursued as misdemeanors. However, if you have three or more prior DUI convictions, your current drunk driving case can be prosecuted as a felony. Also, if you’ve been convicted of felony DUI within the past 10 years, your current drunk driving arrest will likely be charged as a felony regardless of the circumstances.
California has a 10-year “washout” rate for DUI convictions, meaning that if you’ve been arrested and convicted of drunk driving within the past decade, your conviction counts as a prior that can be used to enhance your punishment in your current case. If more than 10 years has passed since your last DUI arrest, your current case will be treated as a first-time drunk driving charge.
If you’re convicted of California felony DUI as a result of three or more prior drunk driving cases, you can be sentenced to 16 months to three years in state prison. You also face a fine of $390 to $1,000 plus penalty assessments and court fees, a four-year driver’s license suspension and a three-year designation as a “habitual traffic offender.” You’ll also be ordered to attend DUI school for 18-months.
A fourth-time California DUI can also be charged as a misdemeanor punishable by six months to one year in county jail. The fines, court fees, driver’s license suspension and alcohol education requirements are the same as for a felony DUI conviction.
If your California DUI involved an accident, injury, or death, you can be charged with a felony even if it’s a first-time drunk driving arrest. If you have one or more prior DUI convictions and are involved in drunk driving that causes death, you can be charged with second-degree murder.
Your California DUI lawyer may make a motion to strike one or more of your prior drunk driving convictions from the record. If the motion is successful, the court won’t consider the stricken priors, which may reduce the charges and/or punishment you face in your current drunk driving case.
If you’ve been arrested for California DUI and have prior drunk driving convictions, you can be charged with a felony. However, it’s possible to fight a felony drunk driving charge and win with the help of a skilled California DUI lawyer. To learn more about comprehensive defenses to drunk driving charges, please contact a top California DUI attorney from The Kavinoky Law Firm today at 1-800-NO-CUFFS for a free consultation.
