If you or a loved one has been charged with DUI/DWI, it is critical to review the information in this module. If you have any further questions, please contact a skilled DUI defense attorney as soon as possible.
When is a DUI a felony?
This module gives information to anyone charged with DUI or anyone needing information on drunk driving.
- The Kavinoky Law Firm home page
- If you have been arrested and charged with DUI/DWI, this website can help. Do not go through the pain of a DUI conviction. Please see this site for critical DUI defense information. Do not delay -- your driving privileges and your freedom could be at stake! Contact a skilled DUI defense lawyer today.
- Help for DUI/DWI charges
- This website will help everyone needing information about DUI/DWI defense. If you or a loved one has been charged with driving impaired, please see this site for critical information. There is help. There is hope. Contact a skilled DUI defense lawyer today.
- DUI/DWI arrest information
- Please see the website for important information regarding DUI/DWI arrests. If you have been charged with driving under the influence of alcohol or drugs, you must contact an attorney to preserve your rights. This website gives information for DUI defense attorneys across the country.
- http://www.got-a-dui.com
- This website contains helpful information for anyone who needs information or legal help with a DUI/DWI charge. Do not plead guilty. There is help for everyone. Even if this is not your first DUI, you have options.
- Legal help for DUI/DWI charges
- Creating a good defense to a DUI is vital to any case. Please see this website for important information about DUI laws and the names of skilled DUI defense attorneys.
- DUI information
- If you have been arrested and charged with DUI/DWI, please see this site. You are not alone. Many people are charged with DUI/DWI every day. We can help.
- DUI conviction expungement
- If you were convicted of DUI/DWI, you may be able to expunge your criminal record. A DUI in your past should not dictate your future. Everyone makes mistakes. Let us help you move on with your life.
- California DUI laws
- Get the scoop on California DUI laws in plain English. If you have any questions about your DUI arrest, this is the place to get the answers.
When is a DUI a felony?
A felony is a crime punishable by imprisonment in the state prison. The length of punishment is determined by a low, mid, and high term. A DUI can be a misdemeanor or a felony depending on a number of factors. DUI convictions and punishments are guided by the California law.Some DUI felonies are also termed "wobblers." Wobblers are punishable either by confinement in county jail or state prison. Wobblers differ from straight felonies in the punishment imputed and in the post-conviction relief available. If a wobbler is punished by incarceration in county jail and probation is imposed upon release, then the defendant may petition the court to reduce the felony to a misdemeanor. If granted, the conviction will be considered a misdemeanor, but is still a felony under the Three Strikes Law.
If the driver of a vehicle drives while under the influence of alcohol and/or drugs and commits a forbidden act or neglects a duty imposed by law in driving the vehicle which was the proximate cause of the traffic collision and injures someone other than himself, then the DUI is a felony. However, the driver must be "at fault" for the traffic collision. If the driver is under the influence of alcohol and/or drugs, and is not at fault for the traffic collision, then the driver shall be charged with a misdemeanor.
Punishment includes either a term of incarceration in the county jail or state prison, fines, suspension of driving privileges, and attendance in an alcohol education course.
If the driver of a commercial vehicle has a BAC of .04 percent or more, and proximately causes injury through an illegal act or neglects any duty imposed by law, then the driver shall be charged with a felony. A commercial vehicle is any vehicle which requires a class A or B license or a C license with an endorsement to drive a "tank" vehicle.
The fourth time within a span of 10 years that a driver is convicted for a DUI results in felony.
VC 23550 and 23550.5 are wobblers. A person convicted of VC 23550 or 23550.5 shall be punished by imprisonment (or county jail for 235505.5), fined, have driving privileges revoked, and be labeled a habitual traffic offender for three years.
If a driver has been convicted of a felony DUI, and is subsequently convicted of another DUI within a ten year period, then the subsequent DUI will be punished as a felony.
If you or a loved one was arrested for DUI, please contact a skilled defense lawyer immediately.
New eBay
Fetching new data from eBay now... please stand by
by NoCuffs
Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law... (more)
Explore related pages
DUI v. Wet Reckless, Dry Reckless, and Exhibition of Speed- If you or a loved one has been charged with DUI/DWI, it is critical to review th...
DUI Arrests: Ignition Interlock Devices- If you or a loved one has been charged with DUI/DWI, it is critical to review th...
How does Evidence Code Sec. 664 apply to DMV Hearings?- If you or a loved one has been charged with DUI/DWI, it is critical to review th...
Pros and Cons of In-person vs. Telephonic DMV Hearings- If you or a loved one has been charged with DUI/DWI, it is critical to review th...
DUI Arrests: Suppression Motions- If you or a loved one has been charged with DUI/DWI, it is critical to review th...
