Felony vs. Misdemeanor DUI
If you are arrested for DUI in Orange County, how do you know if it will
be charged as a misdemeanor or a felony? The difference between misdemeanor
and felony DUI is straightforward, but there are some exceptions to the rules.
Most first offenses are misdemeanors unless they involve aggravating factors.
A DUI will become a felony if any one of the following apply:
- The DUI involved injury to another
- The DUI involved the death of another
- The DUI was your third within 10 years of your priors
Prior DUI Offenses
If you are arrested for DUI, you could be charged with a felony if you
have priors on your record. To be charged with felony DUI for having priors
on your record, you must fall into one of the following categories:
- This is your third DUI offense within the past ten years
- You had a prior felony DUI on your record within the past ten years
Misdemeanor vs. Felony DUI Penalties
The penalties you face upon conviction increase when a DUI is charged as
a felony rather than a misdemeanor.
||1 year minimum
||48 hours minimum
||Possible permanent revocation
||4 months minimum
Felony DUI Defense
Were you arrested and charged with felony DUI? Gold & Witham is here
for you. Penalties for felony DUI can be severe, but we have the defense
methods that can be your peace of mind. Don’t let a DUI ruin your
life. Contact our Orange County DUI attorneys today to discuss your options.
We may be able to get your charges reduced or dismissed completely. Call us at
(714) 907-4029 or fill out our
free case evaluation form today.