What is a Felony DUI?

In California, most DUI offenses are charged as misdemeanors. However, certain circumstances elevate a DUI to a felony under California Vehicle Code § 23153 or § 23550. A felony DUI typically involves:

• A fourth DUI offense within 10 years
• A DUI that causes injury or death
• A prior felony DUI conviction
• DUI with aggravating factors, such as driving with a minor passenger or excessive speeding

Felony DUIs are considered serious criminal offenses and are prosecuted more aggressively than misdemeanors. Unlike a standard DUI, which may result in a short jail sentence and fines, a felony DUI carries the risk of state prison time, a long-term license suspension, and a criminal record that can affect employment, housing, and professional licensing.

Common Types of Felony DUI in California

Our Laguna Beach felony DUI attorneys regularly defend clients facing a range of felony DUI charges, including:

• DUI Causing Injury: If someone is injured due to your alleged impaired driving, you may be charged with a felony under Vehicle Code § 23153. This applies whether the injuries are minor or serious. Prosecutors only need to show that your impairment was a substantial factor in causing the injury.
• Fourth DUI Offense: Under Vehicle Code § 23550, a fourth DUI conviction within 10 years automatically becomes a felony. Prior convictions from other states or "wet reckless" offenses can count toward this total.
• DUI with a Prior Felony DUI: If you’ve previously been convicted of a felony DUI, any future DUI — even if it would normally be a misdemeanor — may be charged as a felony.
• Vehicular Manslaughter or DUI Murder: If your DUI results in a fatality, you may face charges of vehicular manslaughter while intoxicated or even second-degree DUI murder (Watson murder) under California law.

Penalties for Felony DUI

The penalties for a felony DUI in California are severe and life-altering. They may include:

• State prison time: 16 months, 2 years, or 3 years (or more if injury or death occurred)
• Fines: Up to $5,000, plus additional court costs
• Driver’s license revocation: Up to 5 years
• Formal probation: Typically 3 to 5 years
• DUI education program: 18 or 30 months
• Ignition Interlock Device (IID) requirement
• Restitution: Payment to injured victims
• Strike on your record: In serious injury or death cases, it may count as a strike under California's Three Strikes Law

Convictions may also impact your ability to find work, obtain housing, maintain professional licenses, or secure immigration status if you are not a U.S. citizen.

FAQs About Felony DUI in Laguna Beach, CA

Q: Can I be charged with a felony DUI for a first offense?
A: Yes, if your DUI results in serious injury or death, or if there are other aggravating circumstances, your first DUI offense can be charged as a felony.

Q: How long will a felony DUI stay on my record?
A: A felony DUI conviction stays on your criminal record for life unless you qualify for expungement under certain conditions. Even then, it may still be used as a prior in future offenses.

Q: Will I lose my driver’s license?
A: Yes, a felony DUI conviction will result in a long-term license revocation. However, you may be able to apply for restricted driving privileges after a certain period and installing an IID.

Q: Can a felony DUI be reduced to a misdemeanor?
A: In some cases, yes. A skilled felony DUI attorney can negotiate a reduction, especially if there are weaknesses in the prosecution’s case or mitigating factors.

Q: Should I fight a felony DUI charge or just plead guilty?
A: You should absolutely consult with a DUI lawyer before pleading guilty. Felony DUI charges can often be challenged based on lack of probable cause, faulty breath or blood test results, procedural errors, or insufficient evidence.

Call us now at (949) 996-0170 or contact us online to schedule your free case evaluation.