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Is a DUI a felony or a misdemeanor charge?
Most DUIs are misdemeanors. (California has three levels of criminal prosecution - infractions, like speeding tickets, misdemeanors, for which the maximum penalty is one year in jail, and felonies, for which the potential maximum penalty is more than one year, meaning state prison time). For anything higher than a third time DUI charge, the law allows prosecution as a felony, at the discretion of the District Attorney. If there is an accident with bodily injury to anyone other than the driver while drunk driving or DUI, Vehicle Code section 23153 applies, as a felony. That section states:
23153
- It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the
driver.
- It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
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California DUI Attorney 
