Home > Blog > FELONY DUI: HOW TO AVOID FELONY DUI LOS ANGELES

FELONY DUI: HOW TO AVOID FELONY DUI LOS ANGELES

January 19, 2016

is DUI a felony

Here, a Los Angeles DUI attorney explains in detail when a DUI can be charged as a felony DUI in Los Angeles, and why the difference between a misdemeanor DUI and a felony DUI depends heavily on the facts of your case and your prior criminal record. A top Los Angeles DUI attorney with years of experience defending DUI cases in Los Angeles knows how to evaluate whether the prosecutor is justified in filing a felony, and more importantly, how to fight it.

A top Los Angeles DUI lawyer routinely handles the full spectrum of drunk driving cases—from first-offense DUI in Los Angeles, to DMV APS hearings, to the most serious felony DUI cases involving prior DUI convictions, DUI with injury, DUI with multiple victims, and DUI causing death. If you were recently arrested for a felony DUI Los Angeles, do not panic. An experienced DUI attorney in Los Angeles can often negotiate reductions, challenge the evidence, avoid a felony record, or prevent any jail or prison time.

Types of Felony DUI Charges in Los Angeles

To answer the question, “Is DUI a felony?”, a Los Angeles DUI attorney must evaluate your prior record and the circumstances of the arrest. A DUI in Los Angeles may be charged as either a misdemeanor or a felony depending on:

The number of prior DUI convictions within 10 years
Whether the DUI involved an accident
Whether anyone was injured
Whether the driver has a prior felony DUI conviction
Whether someone died as a result of the DUI

When a DUI in Los Angeles Is a Misdemeanor

If you were arrested for DUI without an accident and you have no more than two prior DUIs within 10 years, the DUI should normally be filed as a misdemeanor.

When a DUI in Los Angeles Becomes a Felony

A DUI becomes a felony DUI Los Angeles when:

The driver has three or more prior DUI convictions within 10 years,
The driver has a prior felony DUI within the past 10 years, or
Someone is injured in the DUI-related collision.

A fourth DUI within ten years is a wobbler—meaning the prosecutor or judge may reduce it to a misdemeanor. A skilled Los Angeles DUI lawyer often fights to obtain that reduction.

DUI Causing Death

When a DUI accident results in a fatality, the Los Angeles District Attorney can file:

DUI manslaughter, or
Second-degree murder (Watson murder)

These are among the most serious criminal charges in California.

Top 3 Factors That Turn a DUI Into a Felony DUI in Los Angeles

1. Great Bodily Injury (GBI) Enhancements – Penal Code 12022.7

A GBI enhancement is one of the most serious additions to a felony DUI in Los Angeles. Under California Penal Code §12022.7, the prosecution may add a GBI enhancement if the alleged victim suffered significant or substantial physical injury—typically broken bones, deep lacerations requiring stitches, or other serious injuries.

A GBI allegation in a Los Angeles felony DUI does the following:

Adds three (3) years to the felony DUI sentence
Turns the DUI into a violent felony strike under PC 667.5
Requires the defendant to serve 85% of the sentence instead of 50%
Doubles penalties for future felonies under the California Three Strikes Law
Increases the maximum punishment from 3 years to 6 years
Makes any future felony DUI punishable by up to 12 years in state prison

A top Los Angeles DUI attorney understands how to challenge GBI allegations and reduce or eliminate these enhancements.

2. DUI With Injury – Vehicle Code §23153

Even if an injury is not severe, prosecutors may still file felony DUI with injury under California Vehicle Code §23153. The injury must be physical, but it does not need to be substantial.

Case Law Confirming What Counts as “Bodily Injury”

In People v. Dakin (1988) 200 Cal.App.3d 1026, 1036, the Court of Appeal upheld a felony DUI with injury conviction where the victim suffered:

Two cuts to the forehead
A severe headache
A stiff neck

The Dakin court relied on People v. Lares (1968) 261 Cal.App.2d 657, 662, where the court held:

“Bodily injury means just what it says — harm or hurt to the body.”

In Lares, a back strain was sufficient for a felony DUI injury conviction (under the prior version of Vehicle Code §23101).

California courts have repeatedly rejected the argument that a DUI injury must be “substantial.”

In People v. Thoma (2007) 150 Cal.App.4th 1096, 1100, the court held:

“‘Bodily injury’ does not mean substantial or great bodily injury.”

Because of these cases, even relatively minor physical injuries can qualify for a felony DUI charge under §23153. A knowledgeable Los Angeles DUI attorney will examine the medical records and fight to show the injuries do not rise to the level required for a felony.

3. Multiple Victim Enhancements – Vehicle Code §23558

If more than one person suffers injury in a DUI accident, prosecutors may file a multiple-victim enhancement under Vehicle Code §23558. This enhancement adds:

One additional year for each additional injured victim.

Example:
If a DUI accident injures two people, a DUI with a 3-year maximum becomes a 5-year maximum.

A skilled Los Angeles DUI lawyer can often challenge whether the additional alleged victims actually suffered qualifying injuries.

Do DUI With Injury Cases Have to Be Filed as Felonies?

No.

Even though California Vehicle Code §23153 requires jail time, an experienced Los Angeles DUI attorney can often negotiate a reduction to a simple DUI (VC 23152)—especially when:

Injuries are minor
There is no permanent harm
The defendant has no prior DUIs
The prosecution evidentiary issues

The 10-Year Priorability Rule for DUI Cases

Only DUI arrests that occur within ten years of each other count as prior convictions.

Important rules:

The date of the offense controls, not the conviction date.
If two DUI arrests occurred more than ten years apart → the new DUI is a misdemeanor, unless injury makes it a felony.
If your last DUI was a felony DUI, any new DUI within ten years will be charged as a felony DUI Los Angeles.

Driver’s License Consequences for Felony DUI in California

Felony DUI convictions have more severe DMV consequences:

First DUI with injury (VC 23153) → 1-year suspension
Second DUI with injury → 3-year revocation
Third DUI with injury → 5-year revocation
In severe cases → court may impose up to a 10-year suspension

A knowledgeable Los Angeles DUI attorney can often help preserve driving privileges through licensing strategies, administrative hearings, and reinstatement options.

Prior Felony DUI vs. Fourth DUI – State Prison or Local Jail?

California Vehicle Code §§23350 and 23350.5 govern felony DUI sentencing when there are:

Three prior DUIs within 10 years, or
A prior felony DUI within 10 years

Both are “wobblers,” but the sentencing location differs.

The Realignment Rule (PC 1170(h))

A 4th DUI felony is served in local county jail under PC 1170(h).
A prior felony DUI disqualifies the person from realignment and requires state prison.

This was confirmed by People v. Gullient (2013) 212 Cal.App.4th 992.

A competent Los Angeles DUI lawyer will strategically argue for county jail rather than state prison whenever possible.

Speak With a Top Los Angeles DUI Attorney Today

Our experienced Los Angeles DUI attorneys fight aggressively to protect your freedom, your driver’s license, and your future. We defend:

Felony DUI
DUI with injury
DUI with multiple victims
DUI causing death
Prior felony DUIs
Fourth DUIs
All Los Angeles criminal defense matters

We handle DUI cases throughout Los Angeles County, including Metro Court, Van Nuys, San Fernando, Pasadena, Long Beach, Torrance, Beverly Hills, and more.

For a free consultation with a Los Angeles DUI attorney, call:
(818) 921-7744

We answer calls after hours and on weekends, and offer appointments in our Downtown Los Angeles and San Fernando Valley offices.

Call now to speak with one of the best Los Angeles DUI lawyers and protect your future.