When Is a DUI a Felony in California?
Getting pulled over and arrested for driving under the influence (DUI) in California can terrify and upset most people.
People rarely understand the charges accompanying a DUI, the legal repercussions, and how to best protect their rights when defending themselves against this type of charge.
Our attorneys at Rodriguez Law Group provide strong and reliable defenses for our California clients. Contact us today at (213) 995-6767 for your free and confidential initial consultation with our well-respected and experienced team of DUI defense attorneys.
What Is a DUI in California?
California legislation prohibits driving a vehicle under the influence of alcohol or drugs. The state does not differentiate between illicit drugs or prescription drugs in this instance if a drug impairs a person’s ability to operate their vehicle safely.
California laws further stipulate the following criteria are classified as a DUI if you have a blood alcohol concentration (BAC) at or above the below limits within the specified parameters:
BAC of 0.08 Percent or Higher
A BAC level of 0.08 percent or greater is considered a DUI when a person is 21 years of age or older and driving a personal vehicle.
BAC of 0.04 Percent or Higher
A lower BAC level of 0.04 percent or greater is classified as a DUI when the driver is operating a motor vehicle that necessitates a commercial driver’s license or if a person is driving a passenger for hire.
BAC of 0.01 Percent or Higher
If a person is under the age of 21 or is already on DUI probation, then they are subject to being charged with a DUI if they have a BAC of 0.01 percent or greater.
What Is the Difference Between a DUI, DWI, OVI, and OMVI?
People commonly use multiple phrases when discussing driving while on alcohol or drugs. While the phrases may differ, the penalties and repercussions for each terminology are similar under California law.
Driving While Impaired (DWI)
In California, a DWI charge is the same as a DUI. These phrases are commonly used interchangeably in the state, though other states have different classifications for DUIs and DWIs.
Operating a Vehicle Impaired (OVI)
An OVI is when a person is charged with operating a vehicle, either impaired or under the influence. This expands to not just driving a vehicle but having the vehicle under operation, meaning the engine is on.
Operating a Motor Vehicle While Impaired (OMVI)
An OMVI is the same thing as an OVI in the state of California.
What Are the DUI Laws in California?
California drivers must know the applicable laws regarding driving under the influence.
Admin Per Se Law
California operates under an Admin Per Se law (APS).
Under the state’s APS law, a person can have their driver’s license suspended or revoked if:
- They test positive for a BAC level that merits a DUI
- Refuses or fails to take a blood or breath chemical test to determine their BAC level
Implied Consent State
California’s Vehicle Code 23612 classifies California as an implied consent state.
Implied consent means that by driving in California, you have consented to allow law enforcement to test you for alcohol, drugs, and other substances in your systems if state law enforcement arrests you for suspicion of driving under the influence.
Drivers may face stricter penalties for refusing a chemical test.
Potential repercussions of refusing a test under the implied consent law include:
- Fine
- Immediate imprisonment
- Revoked or suspended driver’s license
When Is a DUI a Felony in California?
A DUI arrest in California typically falls under a misdemeanor charge. However, specific situations can elevate this charge to a felony.
Repeated DUI Charge
The fourth DUI charge in California in ten years increases to a felony.
Injury Inflicted
A person who is driving under the influence and, as a result, inflicts injury onto another person can face a felony DUI.
Vehicular Manslaughter
Unfortunately, some incidents of a person driving under the influence result in vehicular manslaughter. Committing vehicular manslaughter while driving under the influence can result in a felony offense.
Child Passenger
Driving while under the influence with a child passenger in the vehicle is a felony offense.
Why Choose Rodriguez Law Group for My DUI Case in California?
Most people don’t know where to turn for help defending themselves against California DUI charges.
An established and experienced California defense attorney will help set you up for the best possible results for your DUI case.
Ambrosio E. Rodriguez founded Rodriguez Law Group to give his Los Angeles community a powerful and assertive defense option.
Mr. Rodriguez spent 13 years working tirelessly as Senior Deputy District Attorney and earned 20 years of experience in criminal defense. His years working as a prosecutor have given him invaluable knowledge of how to build an aggressive defense against Los Angeles prosecutors.
Mr. Rodriguez’s legal experience is well-respected nationwide, and national news interviews have regularly featured him.
Our attorneys at Rodriguez Law Group will fight unwaveringly in your defense to advocate for your rights and protect your freedom throughout your entire case.
To better serve the larger Los Angeles community, our firm has a team of English, Spanish, and Arabic-speaking attorneys.
We also offer a virtual consultation option to make our team more accessible to you.
The unyielding team of reliable attorneys at Rodriguez Law Group has a successful track record of defending thousands of people in their local community.
We have experience successfully negotiating down plea deal and getting cases dismissed.
Previous clients of Rodriguez Law Group regularly share their gratitude with our team for our successful defense of their cases.
- Our recent client, Danny, expressed how worried he was about finding a well-experienced lawyer for his son’s defense case. He was relieved by his experience working with Rodriguez Law Group and beyond pleased with the timeliness of his family’s case resolution.
- Joselyn felt lucky to have found our team of experienced attorneys. We maintained clear and consistent communication throughout her case, making the process smooth and seamless for her and her family.
- Karla was pleased with how simple and easy we made the defense process for her.
Our Los Angeles office is conveniently located downtown at the corner of Wilshire Boulevard and South Hope Street. We are just a few blocks from Pershing Square, Maguire Gardens, and the Los Angeles Central Library.
Call us today for your free consultation with a trusted team member.
What Does California Consider Drunk Driving?
Drunk driving is the operation of a motor vehicle under the influence of alcohol.
Small amounts of alcohol in a person’s system will start to impair their nervous system and cognitive functioning, with a person’s gender and size contributing to how much the effect per drink leads to their impairment.
According to the National Highway Traffic Safety Administration (NHTSA), various BAC levels can have predictable impacts on a person’s ability to operate a motor vehicle:
- BAC of 0.02 percent – A person’s ability to properly see and effectively multitask while driving decreases.
- BAC of 0.05 percent – A person begins to lose the capability of tracking moving objects with their vision, and their coordination diminishes while driving.
- BAC of 0.08 percent – A driver will start to suffer from short-term memory loss and impaired perception of reality, creating an inability to concentrate on driving, control their speed, and process the information in the car and on the road before them.
- BAC of 0.10 percent – Drivers with a BAC of 0.10 percent cannot properly apply their brakes and stay within their traffic lane.
- BAC of 0.15 percent – A person with this high of a BAC is considered substantially impaired. They cannot control their vehicle, process auditory and visual information, or pay attention to what they are doing or happening around them.
Drunk Driving Accidents in California
The Insurance Institute for Highway Safety (IIHS) reports that 449 drivers in California with a known BAC level were killed in a fatal drunk driving accident in one recent year, representing 26 percent of all driver fatalities in the state that year.
The National Highway Traffic Safety Administration (NHTSA) estimates that 37 people die from a drunk-driving accident in the United States every day, calculating that a drunk-driving fatality occurs roughly once every 39 minutes nationwide. Alcohol-related traffic accidents resulted in 13,524 deaths in one recent year.
According to the California Office of Transportation Safety (OTS), alcohol-impaired driving is one of the most dangerous threats to public safety in California. The OTS reports an estimated 1,370 people were killed in California in one recent year as a result of alcohol-related crashes, an increase of 16 percent from the prior year. The OTS further estimates that alcohol-related accidents account for approximately 32 percent of all of California’s traffic-related fatalities.
The OTS supports programs in the state that are working to minimize the amount of drunk-driving catastrophes by attempting to reduce the number of:
- People killed and injured in alcohol-related accidents
- Hit-and-run crash fatalities and injuries
- Nighttime-related crash fatalities and injuries
- Motorcyclists killed and injured in alcohol-related accidents
What Do I Do if Arrested for a DUI in California?
Most people feel terrified and distraught after being charged with a DUI in California. They are often unsure how to defend themselves against serious charges properly.
Taking the proper steps after being arrested for a DUI in California will help protect your rights.
Do Not Accept the Initial Offer
Never accept any offers from the prosecution immediately after a DUI arrest or charge until you consult a lawyer.
Prosecution teams commonly attempt to intimidate defendants and convince them that it is in their best interest to plead guilty and accept their team’s initial offer.
If you do this, you could put yourself at a legal disadvantage and subject yourself to higher penalties immediately or in the future.
Work With an Attorney
Seek the help of an experienced DUI defense attorney in California immediately after a DUI charge.
A diligent legal team will strengthen your defense and protect your rights during this challenging time.
Your experienced legal team will advocate and negotiate on your behalf to try to reduce the legal repercussions imposed upon you for your DUI, including:
- The duration of suspension of your driver’s license
- Duration of probation
- Length of jail time
- Amount of fines
- Length of required alcohol-treatment plan
Work With a Dependable DUI Defense Attorney
A DUI arrest can leave a long-term impact on your life and the lives of your loved ones.
A dependable DUI defense attorney will protect your rights and prepare the best defense for your case.
The distinguished attorneys at Rodriguez Law Group are passionate about helping their California community with their DUI defense cases.
Our team will work hard on your case to bring you the best results possible, easing the stress of you and your loved ones during your challenging times.
Contact us today at (213) 995-6767 for your free and confidential initial consultation with our well-respected and experienced team of criminal defense lawyers
Our Locations
Los Angeles Office 626 Wilshire Blvd Suite 460 Los Angeles, CA 90017
