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A first-time DUI is normally charged as a misdemeanor, not a felony. But if someone was injured as a result of drunk driving, California law allows the prosecutor to charge the case as a felony -- and if the victim dies, they can charge the driver with negligent manslaughter or even murder in California. 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 (as long as the driver was at fault for the accident - sometimes an issue in many cases). That section states:
23153
a. 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.
b. 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.
Also, in California, a DUI will be raised to a felony if it is the driver's fourth DUI offense, , or if they had another one after a felony DUI conviction. the driver must be "at fault" for the traffic collision. If the driver is under the influence of alcohol and/or drugs, and is not at fault for the traffic collision, then the driver shall be charged with a misdemeanor.
"Misdemeanor" and "felony" are emotionally charged words, but what do they really mean? Whether a conviction ends up as a misdemeanor or a felony depends on the type and length of the punishment for the crime. Misdemeanors carry the possibility of incarceration in the county or local jail for one year or less; felonies usually result in a state prison term of more than a year.
Some DUI felonies are also termed "wobblers." Wobblers are punishable either by confinement in county jail or state prison. Wobblers differ from straight felonies in the punishment imputed and in the post-conviction relief available. If a wobbler is punished by incarceration in county jail and probation is imposed upon release, then the defendant may petition the court to reduce the felony to a misdemeanor. If granted, the conviction will be considered a misdemeanor.
If the driver of a commercial vehicle has a BAC of .04 percent or more, and proximately causes injury through an illegal act or neglects any duty imposed by law, then the driver will be charged with a felony. A commercial vehicle is any vehicle which requires a class A or B license or a C license with an endorsement to drive a "tank" vehicle.
VC 23550 and 23550.5 are wobblers. A person convicted of VC 23550 or 23550.5 shall be punished by imprisonment (or county jail for 235505.5), fined, have driving privileges revoked, and be labeled a habitual traffic offender for three years.
Go to the next question, Will I lose my driver's license?
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