DUI Felony: When Does a DUI Become a Felony?
Driving impaired is an epidemic known all too well on California roads. When one drink becomes too many, and a drunk driver gets behind the wheel, when does this become a felony?
Keep reading to learn more about DUIs, the legal definitions of when this crime becomes a felony, and how the California DUI accident attorneys from BD&J can help you after an accident!
Call 855-906-3699 to speak with a BD&J associate 24/7.
What’s Classified as a DUI?
DUI, the acronym for driving under the influence, occurs when an intoxicated driver attempts to operate a vehicle.
Per DMV standards, any driver over 21 who has a BAC (blood alcohol concentration) of more than 0.08% cannot legally operate a vehicle. However, the act of an impaired driver attempting to operate a vehicle, even if their BAC levels are lower than the legal limit, is still breaking the law.
When intoxicated, a person will show a variety of symptoms that make it impossible to safely operate a car. These symptoms include:
- Lack of coordination, swaying, and bumping into things
- Inability to stand straight
- Spilling things
- Flushed face
- Heavy or droopy eyes
- Blurry vision
- Poor judgement
- Lack of impulse control
- Losing train of thought
- Short-term memory loss
- Fatigue
- Loss of depth perception and how far or close something is
If a person who lacks coordination, can’t see how far or close something is, and is drowsy or can’t see straight attempts to drive a car, the risk for an accident jumps exponentially.
Drivers Can’t Stop Operating While Impaired in California
California’s large population, tourist destinations, and expansive roadways are a few of the factors taken into consideration when looking at the data for drunk driving accidents in the state. State and nationwide data show:
- 30% (11,094 people) of the 39,254 recorded traffic fatalities throughout the country in 2024 were by drunk driving accidents (NHTSA)
- In 2024, California recorded 824 impaired drivers involved in fatal car crashes with a BAC measuring more than 0.15% (NHTSA)
- Los Angeles County is the leading county in California with the most serious injuries resulting from alcohol-involved crashes, with an average of 620.3 injuries in the last 3 years (TIMS)
- Los Angeles and San Diego are the 2 top cities in California with the most alcohol-related vehicle fatalities in the last 3 years (TIMS)
One bad judgment and a moment of misplaced confidence can often have the most devastating consequences for other California drivers and their loved ones.
Factors that Turn a DUI into a Felony
When does a DUI accident cross over into a felony for a negligent drunk driver? According to the BD&J California drunk driving accident attorneys, these are the main factors:
Four or More DUI Offenses
In the state of California, driving while intoxicated is a priorable offense, which means that every conviction after the first offense comes with harsher penalties.
Under California Vehicle Code 23550, a fourth DUI conviction that occurs within a 10-year span following prior convictions becomes a felony conviction and can result in jail time ranging from 6 months to 1 year, fines of up to $1,000, and revocation of their driver’s license anywhere between 1 to 3 years.
Prior DUI Felony Conviction
If a driver is charged with a second or third DUI conviction after a prior felony offense, the conviction is upgraded to a felony.
A second DUI felony comes with jail time of up to 3 years, heavier fines, license revocation anywhere between 4-5 years depending on different factors, mandatory DUI education programs, and the use of an ignition interlock device for 3-4 years.
What is an Ignition Interlock Device?
An ignition interlock device (IID) is a breathalyzer device wired to a vehicle’s ignition that requires a breath sample from the driver in order to start the vehicle. While on the road, a driver is required to periodically submit breath samples to keep the vehicle running. If the device detects any alcohol in a person’s breath, the car will not start.
The DUI Accident Resulted in Injuries
A drunk driving accident that resulted in injuries to a person would become a felony due to the driver operating a vehicle while impaired and causing an accident that hurt another party. Common DUI accident injuries are:
- Broken bones
- Lacerations
- Organ damage
- Soft tissue injuries
The nature of the accident, the extent of injuries, and other factors can determine the penalties for the driver.
Penalties for an intoxicated driver commonly include jail time of up to 1 year (that can be extended by multiple years if great bodily injury occurred), fines (which can increase if the injured party pursues a personal injury case), license revocation, DUI programs, etc.
The DUI Accident Resulted in Fatalities
An impaired driving accident that results in the death of another person, whether that person was a passenger of the impaired driver, another motorist or passenger, or even a pedestrian, is upgraded to a felony.
- Vehicular manslaughter while intoxicated can have jail times ranging from 16 months to 4 years.
- Gross vehicular manslaughter means the driver practiced gross negligence while driving under the influence, and results in longer jail times up to 10 years.
- Second-degree murder is a charge made to a driver operating under the influence when it’s deemed they acted with implied malice and a disregard for human life and can lead to 15 years or more in prison.
When is a DUI Considered a Misdemeanor?
DUIs are considered a wobbler offense, which means they can be charged as a misdemeanor or felony under certain circumstances. Injuries, how the accident unfolded, and even the input of a judge or prosecutor can come into play.
A DUI charge can typically be considered a misdemeanor if the following details are true:
- It is the 1st, 2nd, or 3rd DUI charge within 10 years
- There were no injuries
- The impaired driver had no prior felony DUI convictions
How To Avoid Driving Impaired on the Road
Getting behind the wheel of a vehicle while intoxicated creates a multitude of dangers for a driver and other motorists on the road. Avoid driving impaired and running the risk of harm to you and others with the following steps:
- Recognize your impairment. – The first step to avoiding impaired driving is recognizing the symptoms, like blurry vision, slurred speech, and loss of depth perception.
- Ask a sober friend for a ride. – If you find yourself with friends, consider asking a sober companion for a ride back to your home.
- Use a rideshare app. – Book a ride back to your home with a rideshare app, and you can go back to recover your car the next morning.
- Book a hotel room for the night. – If you’re far from home and you find yourself unable to get a ride from a friend, booking a hotel room for the night can help you recover from the symptoms of impairment safely. While the expense may be unexpected, it’ll be a significantly smaller price to pay than the harm and expenses that come with a drunk driving accident.
Frequently Asked Questions
Does the Type of Alcohol a Person Drinks Make a Difference for BAC Levels?
Not at all. As the NHTSA writes, “A drink is a drink”. Whether you drink beer, spirits, wine, or other alcohol types, it will elevate your BAC levels.
What Do I Do if My Friend is Too Drunk to Drive, But Insists on Driving?
Looking out for friends who are too impaired to drive can look like keeping their car keys away from them and offering them a ride home if you’re sober.
Do I Still Have a DUI Personal Injury Case if the Other Driver Wasn’t Charged with a Felony?
Absolutely! Even if the other impaired driver who caused your accident wasn’t charged with a felony DUI, you have a case if you were injured and suffered property damages as the direct result of an accident.
How Long Do I Have to Present My Car Accident Lawsuit?
You have 2 years from the date of the accident to file a personal injury lawsuit.
What if I Didn’t Discover My Injuries Until Weeks After the Accident?
You can still pursue a legal claim if it’s within the statute of limitations for a lawsuit. Talk to a DUI accident injury attorney to get started on the process!
What if I Wasn’t Wearing My Seatbelt when the Accident Happened?
California recognizes comparative negligence, which means that injured parties who had some degree of fault in their accident and injuries could still recover compensation. So even if you weren’t wearing a seatbelt, you could recover compensation in a personal injury claim.
The compensation is simply reduced by the percentage of fault you’re assigned in a case.
Do I Have to Call the Police After a Drunk Driving Accident?
Yes, you must call the police if there are any injuries or fatalities resulting from the accident, as well as property damages that exceed $1,000. If the driver has fled the scene, it’s a good idea to call the police and get a report made for your reference.
What if the Police Didn’t Assign Fault to the Impaired Driver?
In some cases, the police report doesn’t specify fault for a party. Fortunately, a police report is not the final judgment for a case. Instead, it is used for supporting evidence.
If a police report doesn’t assign fault, other evidence like photos, videos, eyewitness testimony, and more can help determine liability.
How Much Is My Accident Claim Worth?
Every claim is different, so speaking with an attorney can help you the most when it comes to fault after an accident. Compensation through a personal injury claim can help cover current and future medical expenses, property damage, loss of income, pain and suffering, and punitive damages if the responsible party committed similar violations in the past.
Why Do People Work with the BD&J Law Firm?
After a serious accident, a dedicated California personal injury law firm like BD&J is there to represent you tirelessly with unmatched legal knowledge. Since our establishment in 2007, we’ve recovered more than $3 billion* in compensation for clients and their loved ones throughout California.
Don’t just take our word for it. Check out our case results and client testimonials to understand why people trust our large team of expert attorneys.
What if I’m Not Working and Can’t Pay Legal Fees?
Accidents cost a lot of money. Fortunately, the BD&J law firm works on a contingency fee basis with clients, which means we advance all case costs upfront and recover final attorney fees after a case has settled.
This means no financial stress on you, and no fees until we win*.
California DUI Accident Attorneys Fighting for Injured Drivers and Passengers
California penalties for drunk driving accidents often differ depending on the severity of the accident, injuries, and if the intoxicated driver has committed similar offenses in the past. While there’s still much work to be done to California laws on DUI offenses, holding an impaired driver accountable in a personal injury claim can help you recover compensation for accident damages.
BD&J California DUI accident attorneys are here to help. Call us or complete our online form to book your free initial consultation now!
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