What makes a dui a felony in ca

The year period is calculated starting from the date of your current DUI arrest. Convictions from before that will not count against you unless they were also felony DUI.

If you are arrested for DUI and you already have a past felony DUI on your record, your new offense will also be charged as a felony.

In this circumstance, it does not make a difference whether your new DUI hurt anyone, or what circumstances surrounded your previous felony DUI. It also includes traumatic injuries like coma, brain injury, losing a limb, etc.

However, to convict you under this charge, the prosecutor has to do more than just prove you were under the influence when the accident happened. They have to prove that you broke some other traffic rule, and that that was what caused the accident.

In other words, if the sober driver caused the accident, or if you were doing nothing wrong except driving under the influence, you cannot be convicted of this felony DUI charge. Be aware that if this is your first DUI, the prosecution may simply choose to charge you with a misdemeanor instead.

Alternately, a DUI defense lawyer may be able to convince them to reduce it to a misdemeanor. Under some circumstances, vehicular manslaughter can be charged as either a misdemeanor or a felony. The misdemeanor version carries only:. Specifically, they have to show that you broke some traffic rule in addition to DUI and that it was this carelessness that caused the death. This means it is possible to beat a vehicular manslaughter charge or to get it substantially reduced. But first, you should know the difference between the two types of charges.

The Difference Between a Felony and a Misdemeanor Felonies and misdemeanors are both criminal charges, but misdemeanors are less serious. Additionally, felonies have long term effects: Once convicted of a felony, you lose your right to bear arms.

You cannot own firearms legally, for the rest of your life. You cannot qualify for a hunting or fishing license if you are a convicted felon, and face limits for other types of licenses. You must disclose your felon status when you apply for jobs. Many industries will consider this sufficient reason not to hire you.

This is legal for them to do. You temporarily lose you right to vote once convicted of a felony. You cannot vote in any election while you are serving your prison sentence, including parole. There are three situations where a DUI counts as a felony: Someone was injured or killed. If your DUI involved an accident where anyone was hurt, it could count as a felony. Prosecutors have the option to try is as a misdemeanor instead, and may do so if the injuries were minor or if there were mitigating factors.

Once you hit your fourth DUI charge, it can be tried as a felony. Again, the prosecutor can choose to pursue a felony charge or not, and a good DUI lawyer may be able to help reduce it to a misdemeanor DUI. You have a prior felony DUI conviction. If you are facing criminal charges, call a criminal lawyer with a proven track record.

As a prosecutor, Mr. Rodriguez handled thousands of cases, including Death Penalty trials. Getting a felony DUI can be devastating. The consequences of a conviction can stay with you for life. A DUI will typically only be charged as a felony when there are aggravating circumstances present. In some cases, the state will have to decide whether the specific factors in your case warrant misdemeanor or felony DUI charges. You may be charged with felony DUI if, when you are arrested, you have at least three prior DUI convictions within the last 10 years.

This includes wet reckless convictions as well as any out-of-state DUI convictions. When you are arrested for your fourth DUI offense, the state has the right to charge you with a misdemeanor or a felony. Factors that may influence the decision include:. Any convictions in your past, even one more than 10 years ago, can cause subsequent DUIs to be charged as felonies.