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Felony vs Misdemeanor DUI

All California driving under the influence (DUI) or (DWI) arrests result in either a misdemeanor DUI charge or a felony DUI charge being filed by the District Attorney. Most first, second, and third driving under the influence of alcohol arrests are charged as misdemeanors. However, a driver who is involved in an accident causing injury to another person is charged with a felony or misdemeanor violation of California Vehicle Code Section 23153 (a) and (b) - Driving Under Influence of Alcohol or Drugs Causing Injury. Additionally any person who is arrested for a fourth DUI within 10 years of having suffered a conviction for three or more driving under the influence (DUI) related cases almost always faces felony charges. A San Francisco DUI attorney who specializes in driving under the influence defense can evaluate each case to determine how it is likely to be defended.

Whether a driving under the influence (DUI), or driving with a blood or breath alcohol level at or above the legal limit (DUI) case is charged as a misdemeanor or a felony DUI will determine the kind of criminal court punishment the driver will face. People convicted of a felony DUI face far more serious consequences than those convicted of a misdemeanor DUI.

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Attorneys for the firm represent clients accused of driving under the influence of alcohol or driving with a blood alcohol level at or above the legal limit in San Francisco, San Mateo, Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties.

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A prosecutor may offer a plea bargain that reduces a driving under the influence (DUI) charge from a felony to a misdemeanor. Although sometimes it's better to take a driving under the influence case to trial, a plea bargain that involves a reduction from a felony DUI to a misdemeanor DUI carries much less risk of extremely severe consequences. First-time misdemeanor DUI drivers in California face a minimum of three years of informal probation, fines, penalties and assessments totaling about $1,750, and a minimum three-and-one-half month alcohol education program. Drivers who refused a DUI chemical test or had a blood alcohol content (BAC) of .20 percent or greater may be required to attend a nine month program.

In addition, the California Department of Motor Vehicles (DMV) will suspend the driver's license of anyone convicted of a first offense DUI for a minimum of six months upon learning of a driving under the influence criminal conviction. The driver will be eligible to apply for a restricted license after thirty (30) days. If an accident was involved causing injury to another person, the California DMV license suspension will be one year.

A second misdemeanor DUI conviction within 10 years carries stiffer penalties. The penalties are similar in some ways to a first DUI offense. By law, the person convicted of a second offense driving under the influence case may be sentenced to a minimum of 96 hours (4 days) in the county jail and the alcohol education program will be increased to 18 months. In addition, the California Department of Motor Vehicles (DMV) will suspend the driver's license of any person convicted of a second offense DUI for two years. The person suffering a two year suspension following a second offense DUI conviction will be eligible to apply for a restricted license after one year of suspension if they have completed one year of the 18 month DUI school.

A third conviction for a California misdemeanor DUI within 10 years carries a minimum of 120 days in the county jail and the California Department of Motor Vehicles (DMV) will revoke the individuals license to drive for three years. The driver convicted of a third offense DUI will generally be eligible for a restricted license after two years. In some counties it is possible to arrange for an alcohol treatment program instead of actual jail or a 30 month DUI school in addition to 30 days in the county jail.

California driving under the influence (DUI), or driving while intoxicated (DWI) offenses become felonies if driver committed any illegal act or neglected a legal duty causing injury to another person. Also, a felony DUI case may be charged when the accused has three prior misdemeanor drunk driving convictions within 10 years of the current offense. The 10 year period is calculated from the date of the first DUI arrest to the date of the fourth DUI arrest.

If a DUI charge is enhanced to a felony because it is a fourth DUI offense in 10 years, the driver faces a minimum sentence of 180 days in jail in addition to substantial fines, penalty assessments, and probation. The driver will be required to participate in an 18-month alcohol education program and will lose his or her driver license for four years. The person may generally apply for a restricted driver license after three years. For all of these reasons, facing a misdemeanor DUI charge rather than a felony DUI has its advantages. A felony driving under the influence conviction may result in a state prison sentence. For this reason, it is necessary to hire an experienced California DUI defense lawyer who may be able to negotiate a plea bargain that involves a reduced charge carrying less severe penalties.

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