Mission Viejo Felony DUI Attorney

What is a Felony DUI?

In California, most DUI cases are charged as misdemeanors. However, under certain circumstances, a DUI can escalate to a felony. A felony DUI is more than just a traffic violation—it is treated as a serious criminal offense.

A DUI may be charged as a felony in the following situations:

• Fourth or subsequent DUI within 10 years – California law allows prosecutors to elevate a fourth DUI offense to a felony.
• DUI causing injury or death – If you are accused of driving under the influence and causing bodily harm or death, it can lead to felony charges.
• Prior felony DUI conviction – If you have previously been convicted of felony DUI, any new DUI charge will automatically be treated as a felony, regardless of the circumstances.

Because felony DUIs involve heightened public safety concerns, the court treats them with far greater severity than misdemeanor cases.

Common Types of Felony DUI in California

Felony DUI charges can arise under different scenarios, each carrying unique legal consequences. Some of the most common include:

DUI with Injury (California Vehicle Code § 23153)

If an accident occurs and another person is injured, prosecutors may pursue felony DUI charges. Even minor injuries to another person may be enough for felony-level prosecution.

DUI with Prior Felony DUI Conviction

Once a DUI has been charged as a felony, any future DUI arrest will automatically be charged as a felony, no matter how many years later.

Fourth DUI Offense within 10 Years

California’s “three strikes” approach to DUIs means that on a fourth offense, the case may be filed as a felony. This significantly increases the risk of incarceration and other life-changing penalties.

DUI Causing Death

When a DUI results in the death of another person, prosecutors may file charges such as vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or even second-degree murder under the “Watson Murder Rule.”

Penalties for Felony DUI

The consequences of a felony DUI conviction in California are extremely harsh. A conviction may include:

• State prison time – Typically ranging from 16 months to 16 years, depending on the circumstances.
• Fines – Often between $1,000 and $5,000, not including court fees, restitution, and increased insurance premiums.
• Driver’s license revocation – A felony DUI conviction can result in a four-year revocation, or even permanent revocation in some cases.
• Felony criminal record – Having a felony on your record can affect employment, housing, immigration status, and professional licensing.
• Probation terms – Lengthy probation periods with strict conditions, including alcohol education programs and mandatory treatment.
• Restitution to victims – If someone was injured or killed, the court may require restitution for medical bills, lost wages, or funeral expenses.

The penalties depend on several factors, including whether anyone was injured, prior DUI convictions, and the specific charges filed.

Felony DUI FAQs

Can a felony DUI ever be reduced to a misdemeanor?

Yes. In some cases, your attorney may be able to negotiate a felony DUI down to a misdemeanor through plea bargaining, especially if no one was seriously injured.

Will I lose my license permanently after a felony DUI?

A felony DUI conviction often leads to a multi-year revocation. In severe cases, such as DUI with death, permanent revocation is possible. However, you may be able to apply for reinstatement after a certain period.

How long will a felony DUI stay on my record?

A felony DUI remains on your criminal record permanently unless expunged. However, expungement options are limited and depend on whether you served time in state prison.

Can I get probation instead of prison for a felony DUI?

In some cases, probation may be an option, especially for non-injury DUIs. Judges consider prior criminal history, the severity of the offense, and mitigating circumstances.

Do I need a local lawyer in Mission Viejo?

Yes. A local attorney understands the courts, judges, and prosecutors in Orange County, which can make a significant difference in how your case is handled.

Contact Braden & Tucci Today

If you are facing felony DUI charges, you cannot afford to take risks with your defense. The consequences are too severe, and the law is too unforgiving. At Braden & Tucci, our Mission Viejo felony DUI lawyers have the knowledge and courtroom experience needed to fight for your future.

Call (949) 996-0170 to get started on your defense.