Law Offices of Virginia L. Landry Articles What Constitutes a Felony DUI?

What Constitutes a Felony DUI?

By Virginia Landry  Jan. 5, 2011 4:55p

In the state of California, most DUI convictions are charged as misdemeanors; however, there are certain "aggravating factors" which can cause a DUI offense to be charged as a felony offense. In most cases, with a first, second or third DUI, you will be charged with a misdemeanor. There are specific situation that would be charged with a felony DUI offense and they are:

  • The DUI caused bodily injury to someone other than the driver
  • The person has three prior DUI convictions
  • The person has at least one prior felony DUI conviction

When an intoxicated driver causes an accident, injures or kills another person, or is arrested on their fourth DUI in a 10 year time period, is almost always charged with a felony offense.

Penalties for Felony DUI's

In California, when you are convicted of a DUI and have similar offenses, the penalties increase with each subsequent conviction. These include a prior California DUI, a California "wet reckless" or even an out of state conviction for a DUI or DWI.

When you commit a simple DUI, with no aggravating circumstances, and you have a prior felony DUI on your record, you are automatically charged with a felony offense. A California felony DUI conviction will result in the loss of your driver's license, substantial state prison sentencing, heavy fines and possible restitution to any victims involved.

If you or someone you love has been arrested for a felony DUI, it's extremely important that you seek the legal advice of a skilled and experienced Orange County DUI attorney right away. At the law offices of Virginia Landry, we have helped our clients beat their felony DUI charges with an aggressive DUI defense. 

Contact an Orange County Felony DUI Lawyer from our firm today for a free consultation.

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