Last Updated on July 19, 2025
Drunk driving should always be viewed as a serious charge, as it can result in jail time, massive fines, cause your license to become suspended, and leave you with expensive insurance deductibles even once you do get your license back. But whereas most DUIs are misdemeanors, some cases are even more serious and can even be charged as felonies, punishable by years behind bars.
Facing a felony driving under the influence charge in San Diego County? Call Vista DUI defense lawyer Peter Liss now for experienced, strategic representation against these serious felony charges. Free consultations available.
Table of Contents
When is a DUI a Felony in California?
Most drunk driving cases in San Diego are misdemeanors, but there are four distinct circumstances when a DUI is filed as a felony:
- While under the influence of drugs or alcohol, you violated a traffic law and caused an accident where another person was injured: Vehicle Code 23153 (VC).
- While under the influence of drugs or alcohol, you violated a traffic law or drove negligently, and a person died in a car accident as a result: Penal Code 191.5 (PC).
- You have three or more prior DUIs on your record within the last ten years: Vehicle Code 23550 (VC).
- You previously received a felony DUI conviction within the previous ten-year period: Vehicle Code 23550.5 (VC).
“Prosecutors in San Diego almost always file all types as felonies,” explains Liss. “However, an accident resulting in a very slight injury may occasionally be filed as a misdemeanor.” With the help of a skilled Vista felony DUI attorney like Mr. Liss, you may be able to negotiate a plea bargain that will allow you to be charged with a less serious misdemeanor.
DUI Causing Injury as a Felony
“Even if this is your first California DUI offense, you barely exceeded the speed limit, and the victim of the accident was barely injured, you can face felony charges in San Diego,” warns Peter Liss. To secure a conviction in these cases, the prosecution must be able to prove that you:
- were intoxicated above the legal drinking limit
- you broke a traffic law
- your driving caused an accident
- another person was injured as a result
If they cannot prove any one of these factors, you can only be convicted of misdemeanor DUI charges. Occasionally, when this occurs, your criminal defense lawyer may be able to have the charges dropped altogether.
Penalties
As a felony, this crime is punishable by up to three years in prison. When the victim suffers great bodily injury, the offense is considered a violent felony, meaning it is a strike under the state’s three-strikes law.
The four most significant factors affecting the sentencing in these cases are:
- the extent of injuries
- the defendant’s blood alcohol level
- the prior record of the defendant
- whether the defendant has sought alcohol treatment
Felony DUI Causing Death
If one or more parties died as a result of your driving, you could be charged with vehicular homicide while intoxicated. To prove this charge, prosecutors must show:
- you drove under the influence of alcohol or drugs
- your driving violated a driving law or was negligent
- the way you drove caused an accident
- someone died in the accident
If you drove in a grossly negligent manner, meaning your behavior involved a serious risk of injury or death, you could be charged with the more serious charge of gross vehicular homicide.
Penalties
Cases that don’t involve gross negligence can be a misdemeanor or a felony, punishable by up to four years in prison. If you have a prior DUI on your record though, you could be charged with second-degree murder.
Gross vehicular manslaughter is punishable by up to ten years per death, plus an additional three years imprisonment per injured victim. This offense is a violent felony that can result in a strike being added to your record.
Three or More DUI Convictions or a Prior Felony
If you have three prior DUI convictions in the last ten years, you can face felony charges under 23550 (VC). Even a related offense, such as a wet reckless or a drunk driving conviction from another state, can still be considered a prior offense for sentencing purposes.
Similarly, a single felony conviction within the past 10 years is sufficient to result in your being charged with a felony under 23550.5 (VC).
Penalties
A fourth or subsequent DUI within ten years can be technically charged as a misdemeanor or felony in California. However, Liss says, “San Diego County prosecutors always file these offenses as felonies.” Second or subsequent felony convictions are always filed as felonies under state law.
Felony DUIs tied to prior convictions are punishable by up to three years in prison.
Additional Penalties for Felony DUI
Aside from time behind bars, any felony DUI can also result in massive fines and the loss of your driver’s license for up to four years (although you may be able to get a restricted license after a year). You will also most likely be required to install an ignition interlock device in your car, go through 18 or 30 months of DUI school, and pay drastically higher insurance rates for years to come.
Beyond that, these convictions will continue to be counted as prior offenses on your record, meaning you can instantly face felony charges if you are caught driving under the influence in California within the next ten years.
Defending Against a Felony DUI Charge
“These are difficult accusations to fight,” warns Liss, “because they either involve an innocent person being harmed or a defendant who seems to be unable or unwilling to learn from their past mistakes.” If you are facing felony DUI allegations, do not speak to the victim or police without your Vista criminal defense lawyer present. Here are some ways your attorney may help you fight the charges:
Challenging the DUI
None of these charges are applicable if you were not drunk —though you could still face reckless driving or vehicular manslaughter charges if you are accused of DUI involving injury or death. If your attorney can successfully defend you against the driving under the influence aspect of the crimes, you could have the charges dropped or greatly reduced.
Fighting the Other Elements
While court records are usually fairly accurate when it comes to prior convictions, those facing a felony DUI after an accident may be able to argue they did not cause the crash, violate any traffic laws, or drive recklessly. If the prosecution cannot prove these aspects of the offense, prosecutors can only secure a standard DUI conviction.
Minimizing the Sentencing
Whether in a plea bargain or at the trial, your attorney will attempt to minimize the sentencing you may face. To support these efforts, he may urge you to seek help for your alcohol use. “Judges in San Diego are more inclined to avoid imposing jail or prison terms if a DUI defendant gets serious alcohol treatment and wears an alcohol monitoring device for a significant period,” says Liss.
Negotiating a Plea Bargain
In some cases, the prosecutors may be willing to reduce the charges or penalties you face in exchange for a guilty plea. Do not attempt to negotiate a plea bargain yourself. An experienced defense attorney can ensure your rights are protected while minimizing the consequences you could face for these serious offenses.
Frequently Asked Questions
What BAC Makes a DUI a Felony in California?
While drivers can face enhanced penalties for having a high blood alcohol content (over 0.15%), CA law does not allow for felony charges to be filed regardless of how high a driver’s BAC level is.
How Many DUIs Does it Take Before the Crime is a Felony in San Diego County?
Four. On your fourth and subsequent DUI in ten years, the crime may be a felony. You can also be charged with a felony if you have even one single felony on your record from within the last ten years.
Will an Expungement Clear my DUI from my Record?
Yes, a criminal expungement will remove a DUI from your criminal record; however, that does not affect your driving record. Expunging a DUI will not help you get your license back, reduce your insurance premiums, or prevent the charge from counting as a prior offense if you are accused of similar crimes in the future.
Can a First-Time DUI be a Felony in California?
Yes, but only if it involves an accident resulting in injury or death.
Call a Defense Lawyer Today
If you are facing felony driving under the influence charges in California, please contact criminal attorney Peter M. Liss today. You can schedule a free consultation by calling (760) 643-4050.
