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The Southern California Law Firm of Rizio and Nelson offers you an aggressive client service and quality legal representation. We are here to serve as your advocate and fight for your rights. Comprised of partners, associate attorneys, office manager, case manager, paralegals, legal assistants, law clerk, reception and clerical staff, the Rizio and Nelson has substantial experience in criminal defense, family law, personal injury and other fields. Over the years we have successfully handled thousands of cases and helped millions of clients.
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Disclaimer
Southern California Attorneys Disclaimer: The California Personal Injury, Criminal Defense, DUI / Drunk Driving, Employment Litigation, Family Law or other legal information presented here should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship.
DUI Felony Classification
Felonies are crimes that are punishable up to state prison terms. The term length is variable, depending upon the severity of the crime and the criminal record of the offender, and can be low, mid, or high term. A DUI may be a misdemeanor or a felony depending the offender's criminal background and other variables. The California court system guides DUI convictions and punishments based on applicable laws.
Wobblers are a characterization of some DUI felonies. Wobblers are punishable by confinement either in county jail or in state prison. Wobblers are different from straight felonies in the punishment ascribed and in the post-conviction assistance available. If punishment for a wobbler includes incarceration in county jail and probation is imposed upon release, then the defendant may petition that the court to reduce the felony to a misdemeanor. Granting of this petition will result in misdemeanor classification for the offense; however, the Three Strikes Law is still recognized.
Wobblers are a characterization of some DUI felonies. Wobblers are punishable by confinement either in county jail or in state prison. Wobblers are different from straight felonies in the punishment ascribed and in the post-conviction assistance available. If punishment for a wobbler includes incarceration in county jail and probation is imposed upon release, then the defendant may petition that the court to reduce the felony to a misdemeanor. Granting of this petition will result in misdemeanor classification for the offense; however, the Three Strikes Law is still recognized.
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A DUI is a felony if
The DUI is a felony if the driver of a vehicle drives while impaired by alcohol and/or drugs and commits a forbidden act or neglects a duty imposed by law in driving the vehicle that was the proximate cause of the traffic accident and injures someone other than himself. However, placement of the fault must be on the driver for the traffic accident. Alcohol or drug impairment without classification of fault will result in the driver being charged with a misdemeanor.
Punishment for this type of offense shall include either incarceration in the county jail or state prison, fines, suspension of driving privileges, and/or attendance in an alcohol education course.
If the driver of a commercial vehicle has a BAC (Blood Alcohol Content) of .04% or higher, and is thought to have caused injury through an illegal act or neglects any duty imposed by law, then the driver shall be charged with a felony. The definition of a commercial vehicle is any vehicle that requires a class A or B license or a C license with an endorsement to drive a "tank" vehicle.
Conviction for the fourth time within a span of 10 years for a DUI for any driver results in felony.
Punishment for this type of offense shall include either incarceration in the county jail or state prison, fines, suspension of driving privileges, and/or attendance in an alcohol education course.
If the driver of a commercial vehicle has a BAC (Blood Alcohol Content) of .04% or higher, and is thought to have caused injury through an illegal act or neglects any duty imposed by law, then the driver shall be charged with a felony. The definition of a commercial vehicle is any vehicle that requires a class A or B license or a C license with an endorsement to drive a "tank" vehicle.
Conviction for the fourth time within a span of 10 years for a DUI for any driver results in felony.
Statutes that apply
VC 23550 and 23550.5 are offenses classified as wobblers. A person convicted of VC 23550 or 23550.5 shall be punished by imprisonment (or incarcerated in a county jail for 235505.5), fined, have driving privileges revoked, and be labeled a habitual traffic offender for three years.
A driver convicted of a felony DUI and subsequently convicted of another DUI within a ten-year period will result in the subsequent DUI requiring punishment as a felony.
A DUI arrest (for you or a loved one) requires a knowledgeable professional, so please contact Rizio & Nelson defense lawyer immediately.
A driver convicted of a felony DUI and subsequently convicted of another DUI within a ten-year period will result in the subsequent DUI requiring punishment as a felony.
A DUI arrest (for you or a loved one) requires a knowledgeable professional, so please contact Rizio & Nelson defense lawyer immediately.
