Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Plea Bargaining (Part-1): When is a DUI a Felony?
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- In this article we have described, when a DUI or drunk drive offense is considered a felony offense as compared to other lower level crimes called misdemeanors. All the information that is provided in the article is directly related to DUI offenses in the state of California and cites specific California vehicle codes. If you do not need to consider the specific codes but just want to get the general information from the article it is basically relevant to all states.
Plea Bargaining:
Below are few frequently asked questions related to plea bargaining. In this article I have tried to give the answers to these questions:
When is a DUI a felony? To make a DUI a felony how many theories are involved, what are the requirements? What are the necessary conditions for each? What is a wobbler, if a DUI case is based on accidents then how a wobbler is related to felony? What are the Prior Convictions?
A felony is such a crime in which punishment is given by imprisonment in the state prison, for over one year. The punishment length is determined by a low, mid, and high term, usually it is 16 months, 2 years, and 4 years, respectively. A DUI can either be considered to be a misdemeanor or a felony that depends on a number of factors, such as whether due to the accident injury has occurred and/or whether there are prior DUI convictions. The California Vehicle Code guides the DUI convictions and punishments.
Some of the DUI felonies are also called “wobblers.” The punishment for Wobblers are given either by confinement in county jail or incarceration in state prison. Wobblers differ from straight felonies in two ways one is the punishment imputed, and the other is the post-conviction relief available. If the punishment for a wobbler is given by incarceration in county jail and probation is imposed upon release, then the defendant has the choice that he may petition the court to reduce the felony to a misdemeanor which is possible under 17(b) of the California Penal Code. If granted, they will consider the conviction as a misdemeanor; Despite of the fact it is still prior able as a felony under the Three Strikes Law.
VC Section 23153
BAC below .08%
(a) The DUI is considered a felony if the driver of a vehicle is driving while he is under the influence of alcohol or drugs or both, performs an act that is strictly forbidden by law or if he neglects any duty that is imposed on him by law in driving the vehicle which was the main cause of the traffic collision and by this traffic collision someone has been injured other than himself. However, the traffic collision must have happened due to his mistake. In case if the driver is under the influence of alcohol or drugs or both, but it was not his fault for which the traffic collision takes place, then the driver shall be charged with violation of VC 23152 (a), which is a misdemeanor.
The punishment given in this case could either be a term of incarceration in the county jail between 90 days and one year or imprisonment in the state prison. He has to pay fines between the amounts of $390 to $1,000. His driving privileges will be suspended by the DMV for a period of one year. And he is also required to attend an alcohol education course.
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