Key Takeaways

• A typical DUI is generally a misdemeanor, but certain circumstances can make it a felony in Riverside County.
• DUI causing bodily injury can result in much more serious criminal charges under VC 23153.
• Three or more qualifying prior convictions within 10 years can lead to felony-level DUI punishment under VC 23550.
• A current DUI following certain prior felony DUI or intoxicated vehicular manslaughter convictions can also trigger felony punishment.
• A DUI involving a death may lead to additional and potentially much more serious charges, including vehicular manslaughter.

If you’ve been arrested for DUI in Riverside County, one of the first questions you may have is: “Is DUI a felony?”

The answer is: sometimes. A first or typical DUI is generally charged as a misdemeanor in California. However, certain circumstances can turn a DUI into a felony, including serious injuries, a death, or certain prior DUI-related convictions.

Understanding the difference matters because a felony conviction can carry much more serious consequences than a misdemeanor. Here’s what Riverside drivers should know.

When Is a DUI a Misdemeanor in California?

California Vehicle Code 23152 (VC 23152) generally makes it illegal to drive while under the influence of alcohol or drugs. A standard DUI under this section is generally prosecuted as a misdemeanor, particularly when there are no qualifying prior convictions or serious injuries.

However, California DUI law becomes more complicated when someone has previous convictions.

For example, Vehicle Code 23550 (VC 23550) provides enhanced punishment when a person is convicted of a DUI that occurred within 10 years of three or more separate qualifying prior violations that resulted in convictions. These can include certain prior reckless driving offenses and DUI convictions under VC 23152 or VC 23153.

So, while people often say that a “fourth DUI is automatically a felony,” the actual legal analysis depends on the person’s prior convictions and the specific circumstances of the case.

When Can a DUI Become a Felony?

There are several situations where a DUI case can involve felony charges.

DUI causing injury

One of the most important distinctions is whether someone else was injured.

Vehicle Code 23153 (VC 23153) addresses driving under the influence while committing an unlawful act or failing to perform a legal duty in driving, where that conduct proximately causes bodily injury to another person. That means a DUI crash involving injuries can be much more serious than a DUI where nobody else was hurt.

The consequences can become even more severe when the victim suffers great bodily injury. California Penal Code 12022.7 (PC 12022.7) provides the legal definition used for certain great-bodily-injury enhancements, while Vehicle Code 23566 (VC 23566) provides additional penalties in certain DUI injury cases involving qualifying prior convictions.

Multiple prior DUI convictions

Prior convictions can also significantly change a DUI case.

Under Vehicle Code 23550 (VC 23550), a person convicted of VC 23152 can face felony-level punishment when the current offense occurred within 10 years of three or more separate qualifying prior convictions.

There is another important rule under Vehicle Code 23550.5 (VC 23550.5). A current DUI can be punishable as a felony when it occurs within 10 years of certain prior felony DUI convictions. The statute also applies to certain prior vehicular manslaughter convictions involving intoxication.

Additionally, California Penal Code 17 (PC 17) explains the distinction between felonies and misdemeanors when an offense is punishable in state prison.

What If Someone Dies in a DUI Crash?

A DUI resulting in death can lead to charges that go beyond a standard DUI.

Depending on the facts, prosecutors may consider offenses such as gross vehicular manslaughter while intoxicated under California Penal Code 191.5 (PC 191.5) or other homicide-related charges.

For example, California law provides serious prison penalties for gross vehicular manslaughter while intoxicated. Prior qualifying convictions can make the consequences even more severe.

Importantly, however, not every fatal DUI case is charged the same way. Prosecutors must consider the specific facts, evidence, prior record, and applicable legal requirements.

What Should You Do After a DUI Arrest in Riverside?

A DUI arrest does not mean you are automatically guilty. The prosecution still has to prove the charges beyond a reasonable doubt.

If you are facing a DUI in Riverside County, important questions can include:

• Was the traffic stop lawful?
• Did officers have sufficient grounds to arrest you?
• Were field sobriety tests properly administered?
• How was the chemical test performed?
• Was the breath or blood evidence properly collected and handled?
• Do you have prior DUI convictions that affect the potential charge?
• Was anyone injured?
• Are there issues with the prosecution’s evidence?

Because DUI cases can involve both a criminal case and DMV consequences, getting legal advice early can be important.

If you or someone you love is facing a DUI charge in Riverside County, call our offices at 909-939-7126 to speak with an experienced criminal defense attorney who has handled hundreds of cases similar to this one. Your first consultation is free.

FAQs

1. Is a first DUI a felony in Riverside County?

Usually, no. A standard first DUI without qualifying aggravating circumstances is generally prosecuted as a misdemeanor under Vehicle Code 23152. However, there are certain factors that can turn a simple DUI into a felony conviction in California.

2. Can a DUI become a felony if someone is injured?

Yes. DUI causing bodily injury can be charged under Vehicle Code 23153, and additional penalties may apply depending on the severity of the injury and the driver’s prior record.

3. What happens if someone dies in a DUI accident?

A fatal DUI can result in charges beyond a standard DUI, including potentially vehicular manslaughter while intoxicated under Penal Code 191.5, depending on the facts and evidence.

5. Do I need an attorney for a DUI arrest?

A DUI can involve complicated evidence, prior-conviction issues, criminal penalties and DMV consequences. This is a complicated matter to understand by yourself, and an experienced attorney can help you navigate the charges, legal options you may have, and the possible outcomes of your case. Speaking to a criminal defense attorney early can help you keep your license, and minimize the aftermath of your charge.