THE KAVINOKY LAW FIRM

The seriousness of a California DUI charge and the punishment it carries is determined by several factors, most notably whether the offense is charged as a misdemeanor or a felony. If you’ve been arrested for drunk driving, a skilled California DUI attorney from The Kavinoky Law Firm can review your case and determine whether it’s likely to be charged as a misdemeanor or a felony.

Misdemeanor and felony offenses are distinguished by the amount of jail or prison time they carry as punishment. Misdemeanors are punishable by up to one year in the county jail. Felonies are punishable by a year or more in state prison.

If you’re facing a first, second or third-offense California DUI and weren’t involved in an accident, you’ll likely be charged with a misdemeanor. California has a 10-year “lookback” or “washout” period for DUI offenses, meaning that if more than 10 years has passed since your last DUI offense, your current case will be considered a first-time drunk driving offense.

If you have three or more DUI convictions within the past 10 years, your current drunk driving case can be charged as a felony. If this is the case, your California DUI attorney may file a motion to strike prior convictions from your record.  If this motion is successful, you can’t receive additional punishment in your current case from any priors that were stricken from the record.

If someone other than you was injured as a result of your California DUI, you will likely be charged with a felony. Under California Vehicle Code section 23153, it’s unlawful to cause injury to another person while driving under the influence of alcohol or drugs.  You can be charged with a felony whether you caused the injury through your actions or through neglect.

California DUI that results in the death of one or more individuals is the most serious and can also result in felony charges.  In many cases, DUI resulting in death is charged as vehicular manslaughter.  Vehicular manslaughter is a “wobbler” offense in California, meaning that it can be charged as a felony or a misdemeanor.

If you have prior DUI convictions, a drunk driving death can be charged as second-degree murder.  You can be convicted of second-degree murder in a California DUI case if the prosecutor can prove that you acted with implied malice, or a conscious disregard for human life. If you pleaded guilty to a prior DUI offense, you were required to sign a document known as a Watson warning that acknowledges that you are aware of the dangers of drunk driving. The prosecutor can use a Watson warning to prove implied malice.

California DUI charges are extremely serious and carry harsh punishment. However, it’s possible to fight aggressively against a California DUI charge and win. To learn more about fighting a felony drunk driving charge, please contact a top California DUI attorney from The Kavinoky Law Firm today at 1-800-NO-CUFFS for a free consultation.