Most driving under the influence, or DUI, cases are prosecuted as misdemeanor cases. Under certain circumstances, a driver may face a felony charge for driving under the influence. A DUI charge prosecuted as felony typically means that the driver will face much harsher penalties.
These penalties can include a mandatory minimum prison sentence. These harsher penalties for a DUI felony conviction also creates more long-term consequences for an individual. One particular burden involves finding employment.
When Can a Driver be charged with Felony DUI?
In Los Angeles County and around the state, a driver can be charged with felony DUI under these circumstances:
- DUI Murder: The is the most severe DUI charge with the harshest penalties. Someone can be charged with DUI Murder when they have had a previous DUI conviction and have acknowledged that they are aware of the inherent risks associated with drinking and driving. This advisement is called the Watson Advisement and is typically read to Defendants by the Court when taking a plea. DUI Murder convictions can result in a term of 15 years to life in state prison along with fines up to $10,000.
- Vehicular Manslaughter: This is commonly referred to as DUI manslaughter. It is the result of a DUI which causes a death of another human being. Anyone convicted of vehicular manslaughter while intoxicated will face tough penalties. One penalty includes a long time in prison. If you are charged with vehicular manslaughter, contact a DUI lawyer immediately.
- DUI Causing Injury: A driver arrested for DUI which causes injury to someone is another serious charge. Penalties for DUIs causing injury are severe. For instance, they can include three years in prison. The driver may receive one additional year for each person injured. If the victim sustained serious bodily injuries, it can be an additional three years.
- Multiple DUI Convictions: Under California law, drivers with more than three DUIs in a 10-year period can face felony charges. The state considers prior DUI offenses, out-of-state DUIs and wet reckless convictions as previous offenses.
- Prior DUI Felony: A driver convicted of a DUI felony at any time and is arrested for DUI may have the charge increase to a felony count. California doesn’t include the 10-year period law. Thus, a driver with a DUI felony 20 years ago can be charged with felony DUI. It doesn’t matter if the current DUI charge isn’t a serious driving under the influence offense.
If you’ve been arrested for DUI, call the Law Offices of Jonathan Franklin for a free consultation. Don’t let the stress and worry of a DUI arrest overwhelm you. Attorney Jonathan Franklin is a former prosecutor who now defends those accused of committing DUI offenses. Jonathan Franklin will guide you through the legal process. The team of lawyers at the Law Offices of Jonathan Franklin is here for you! They will ease the stress and uncertainty you feel about facing a misdemeanor or felony DUI charge. They will seek the most aggressive and smart defense for you whether your case is presented at trial or negotiated with prosecutors.
