Felony DUI

California DUI / DWI arrests are charged in one of two ways – as misdemeanors or felonies. How a California drunk driving arrest is charged depends on the facts of the case, including whether there was an accident, injuries, or death or whether the driver is alleged to have left the scene of a crash. The number of prior convictions for drinking and driving may also be a factor.

Regardless of the circumstances, a felony drunk driving charge is a serious allegation that carries harsh repercussions, and the driver needs an expert defense attorney at his or her side. The knowledgeable DUI / DWI defense lawyers of The Kavinoky Law Firm are experienced in every aspect of California felony drunk driving defense, and will fight hard to safeguard the accused driver’s rights.

Generally, misdemeanor and felony charges are distinguished by the consequences that can be meted out – misdemeanors are punishable by up to a year in jail, while felonies can bring a year or more in state prison.

First- , second-, and third-time drunk driving charges are generally charged as misdemeanors in California. However, certain aggravating circumstances, such as an injury accident or a hit-and-run allegation, will likely cause the prosecutor to file a felony drunk driving charge. California drivers with three or more prior DUI / DWI convictions in the past 10 years will also be charged with a felony for a subsequent offense.

California drunk driving incidents that result in death are by far the most serious allegations, and will always result in felony charges. Depending on the circumstances, a DUI / DWI driver accused of causing the death of someone else will face felony manslaughter, vehicular homicide, or second-degree murder charges.

Under California law, manslaughter is defined as the killing of another person without intent, but with the knowledge that one’s actions are likely to cause death. This charge is pursued in felony DUI / DWI cases under the theory that a person who drinks and drives knows that the behavior is dangerous and that it could lead death. This is also defined as criminal negligence.

Intent is not the issue in a manslaughter prosecution. In almost every case, a person driving under the influence of alcohol does not intend to kill. However, the prosecutor will argue that the driver knew that his or her actions could lead to death. If the driver has prior DUI / DWI convictions, the prosecutor can argue that the driver really did know how dangerous his or her actions were.

Vehicular homicide is a wobbler, meaning it can be charged as a misdemeanor or a felony. In most cases it will be charged as felony. A vehicular homicide charge can be proven if the prosecutor establishes that the driver acted with ordinary negligence.

Second-degree murder is a rare charge to be brought in a California driving while intoxicated case. In second-degree murder cases, the prosecutor must prove that the driver acted with implied malice, or a conscious disregard for human life. Proving this element of a second-degree murder charge is very difficult in a drunk driving case.

In some California felony DUI / DWI cases, it may be in the driver’s best interests to accept a carefully negotiated plea bargain. However, a plea agreement must be a bargain for both the defense and the prosecution – the driver should receive reduced charges and/or punishment in exchange for pleading guilty.

Regardless of the charges brought in a California felony DUI / DWI case, the allegations carry extremely serious repercussions if the driver is convicted. However, there are many valid defenses to felony drunk driving charges. An experienced DUI / DWI defense lawyer from The Kavinoky Law Firm can outline the driver’s options during a free consultation.