Felony DUI

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While any DUI charge in California is a serious matter, felony DUI charges significantly raise the stakes for a criminal defendant. A felony DUI conviction can include prison time, high fines, and loss of one's driver's license. In addition, you may face court ordered alcohol treatment, installation of an ignition interlock system on your vehicle and numerous other penalties.

Drunk drivers who cause injury are almost always charged with a felony, even if you have no previous DUI convictions. Felony drunk driving resulting in death is charged in one of three ways:

• Vehicular homicide– This is the least serious of the three DUI homicide charges. Vehicular homicide charges stemming from a DUI arrest are brought when the death resulted from ordinary negligence. This is a "wobbler" and can be charged as either a misdemeanor or felony by the prosecutor.
• Manslaughter– This is a DUI felony that is charged when a death stemmed from criminal negligence. Criminal negligence in a drunk driving case is defined as the knowledge that an individual's actions were likely to result in death.
• Second-degree murder– This is charged when the person who was drinking and driving is believed to have acted with implied malice, or a conscious disregard for human life. Second-degree DUI murder is an unusual charge in a driving under the influence case, because it is difficult for the prosecution to prove implied malice in the context of a drinking and driving offense. However, it is the most serious of the three DUI homicide charges.

As you can see, felony DUI charges are very serious and should not be taken lightly. If you have been charged with felony DUI, there may be defenses you can use to reduce the charges or, in some cases, dismiss them. DUI attorney Scott Levy aggressively defends clients in tough and challenging DUI cases. If you have been arrested for a second, third, or fourth DUI, contact the Law Office of Scott Levy at (559) 549-5403 to schedule your free consultation.