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.

	Felony	Misdemeanor
Jail Time	1 year minimum	48 hours minimum
License Suspension	Possible permanent revocation	4 months minimum
Fines	$2800+	$1400 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.