DUI felony – is a dui a felony?

Without any doubt, there is no dearth of cases related to road accidents caused due to Drunk Driving. And it would not be wrong to say that most of the road accidents are caused due to DUI or driving under influence.

There are some people who do not care about driving rules or DUI laws and continue to intoxicate their minds with alcohol and drugs.

Such people not only play with their lives, but also become a treat to the people on the road. However, there are some regions in the world where the government have implemented tough laws against the law breakers. Still, a lot of people ask whether DUI felony is a kind of felony.

Well, we will help you know the answers and will also tell you about the DUI charges in California.

 

DUI Misdemeanor or Felony ?

Whether DUI is misdemeanor is felony, it completely depends upon three aspects.

  1. First of all, it depends upon the state, county, or country you are living in. In some regions of the world, cases of high BAC (blood alcohol concentration) might be considered as just a misdemeanor; whereas the same case might be considered as felony is some other regions. For example, throughout the USA the prescribed limit for blood alcohol concentration is 0.08.
  2. Secondly, it also depends upon your prior conviction. For example, in the state of California, DUI offense has four types. They are: First DUI offence, Second DUI offense, Third DUI offense, and Fourth DUI offense. If a person is found to be driving under influence for number of times, after the 3rd time his/her offense may be considered as a felony DUI, for which he/she may have to spend up to three years in state prison.
  3. Thirdly, it depends upon the nature of injury caused by the offender to the victims. In case the victim suffers serious injuries or even dies, the offender will be slapped with a DUI felony.

However, there is a possibility of softening the charges of felony and converting it into a misdemeanor; and it can be done by hiring an experienced lawyer. But, the best way is to stay away from alcohol or at least do not consume it while you are driving.

 

Felony Charges

Like we already mentioned above, the charges associated with DUI felony vary from place to place. If we talk about felony DUI California, after three prior DUI offenses the offender is slapped with a felony DUI. In this case, the offender or law breaker has to spend up to three years in state prison and his/her license will be cancelled permanently. However, there are also some circumstances where a person who has not broken any law before can be charged with a felony DUI.

If the offender has caused injury or death for driving under influence, in that case he or she will be slapped with felony charges. For example, in the state of California, injury caused due to DUI (also known as Second-degree murder) is considered as a felony under the state’s vehicle code 23513 VC. Without any doubt, causing death by DUI is a serious crime and is often referred as DUI vehicular manslaughter.

 

Drunk Driving Fines

The penalties associated with driving under influence cases differ from state to state or county to county. However, it is quite obvious that Second DUI offense pulls in more penalty than the First DUI offense, and so on.

In the state of California, the penalty associated with first, second, and third DUI offense is up to $1800, $2800, and $2800 respectively.

For fourth DUI offence, it depends upon the nature of crime.