Most DUI cases in California are filed as misdemeanors. However, some DUI cases may be charged or punished more seriously depending on the facts, the driver’s prior record, and whether anyone was hurt.
A felony DUI charge can create far more serious consequences than a standard misdemeanor DUI. That is why it is important to understand what may cause a DUI case to become more serious and why the details should be reviewed carefully.
If you were arrested for DUI in Murrieta, Temecula, or elsewhere in Riverside County, the charge, the evidence, and any prior record should all be examined before you assume what kind of case you are facing.
Most First-Time DUI Cases Are Misdemeanors
A first-time DUI without injury will be filed as a misdemeanor. That does not mean it is unimportant. A misdemeanor DUI can still involve court appearances, fines, DUI education, probation, license issues, insurance consequences, and a criminal record if there is a conviction.
However, a DUI case may become more serious under the following situations. These include prior DUI-related convictions, violation of Vehicle Code section 23153, a sentencing enhancement causing great bodily injury, a prior felony DUI, a prior vehicular manslaughter conviction, or a high blood alcohol level allegation.
A Fourth DUI Within 10 Years Can Be More Serious
Under California law, a DUI under Vehicle Code section 23152 may be punished more seriously if the person has three or more prior DUI convictions within ten years from the date of arrest on the new case. It is important to note that a wet reckless does count as a prior conviction when computing how many prior convictions the defendant has actually suffered.
Violation of Vehicle Code Section 23153
Another situation that can make a DUI case more serious is an allegation that the driver violated California Vehicle Code section 23153, more commonly referred to as DUI with injury. This section is charged when a person is accused of driving under the influence and causes bodily injury to either a passenger or any other third party.
This statute is different from a DUI charge under Vehicle Code section 23152. In a DUI injury case, the prosecution must prove more than impairment or an unlawful blood alcohol level. The prosecution must also address an unlawful act or failure to act, as well as the injury. Finally, the prosecution must prove that the unlawful act and driving caused the injury.
For example, the case may involve questions about how the collision happened, whether another driver contributed to the accident, whether road conditions played a role, and whether the alleged injury was legally caused by the defendant’s driving.
A Sentencing Enhancement Causing Great Bodily Injury
A DUI case will be more serious if the prosecution alleges that the defendant personally inflicted great bodily injury on another person under CA penal code section 12022.7.
Great bodily injury generally means a significant or substantial physical injury. If this statute is found to be true, the punishment will add an additional three-year prison commitment, consecutive to any other punishment.
This type of allegation is separate from the underlying DUI charge. In other words, the prosecution may charge a DUI offense and also allege an enhancement based on the seriousness of the injury.
These cases often require close review of the medical evidence, accident reports, witness statements, and facts surrounding the collision. The defense will need to examine whether the injury legally qualifies as great bodily injury, whether the defendant personally inflicted the injury, and whether the prosecution can prove the enhancement beyond a reasonable doubt.
A Prior Felony DUI
A prior felony DUI can also affect how a new DUI case is charged or punished.
If a person has previously been convicted of a qualifying felony DUI, a later DUI may be treated more seriously under California law. This is why a seasoned criminal defense attorney will review the person’s prior record carefully rather than assuming the unknown.
What matters is the exact date of the new and prior arrests, as well as the exact date of prior convictions. The defense will always examine the prior court records, the DMV records, and the criminal history reports from the CA Department of Justice.
A Prior Vehicular Manslaughter Conviction
A prior vehicular manslaughter conviction can also make a later DUI case more serious. Under California law, certain prior vehicular manslaughter convictions may affect how a new DUI offense is charged or punished.
These cases are highly fact-specific. The type of prior conviction matters, and not every prior driving-related offense will have the same legal effect. The court records, the statute involved, and the circumstances of the prior case may all need to be reviewed.
When a person has a prior vehicular manslaughter conviction, the prosecution may treat the new DUI as a felony. The defense will carefully examine whether the prior conviction qualifies and whether the prosecution can prove the necessary legal requirements.
A High Blood Alcohol Level Allegation
A high blood alcohol level allegation can make the punishment on a DUI case more serious, even if the case is filed as a misdemeanor. It is important to note that a high BAC allegation does not, on its own, elevate a misdemeanor to a felony.
In California, there are two code sections that address a high blood alcohol concentration. CA veh. code section 23578 addresses a BAC level of .15% or greater. CA veh. code section 23538(b)(1) and (b)(2) address having a BAC level of .20% or greater.
These BAC levels can increase the seriousness of how the prosecutor, judge, and DMV view the situation.
A high-BAC allegation should still be reviewed carefully. Breath and blood testing evidence can raise questions about timing, testing procedures, equipment maintenance, sample handling, and whether the result accurately reflects the person’s condition at the time of driving.
Speak With a Murrieta DUI Defense Attorney
A DUI arrest is not the same as a conviction. Even when the case involves felony allegations, an injury allegation, a high blood alcohol level, or prior convictions, the prosecution still has to prove the charge and any related allegations.
The facts matter. The evidence matters. The person’s prior record, the traffic stop, the arrest, chemical testing, medical records, accident evidence, and DMV issues may all play an important role in the case.
If you are facing a DUI charge in Murrieta, Temecula, or elsewhere in Riverside County, the Law Office of H. Charles Gorian can help you understand what you are facing and what options may be available.
The Law Office of H. Charles Gorian represents clients in DUI and criminal defense matters throughout Riverside County. Contact our office today for a free, private, no-obligation consultation with a Murrieta DUI defense attorney.