California DUI Sentencing Part 3: Felony DUI Convictions
In the realm of California DUIs, the landscape becomes more complex with the prospect of felony convictions. These can arise due to either qualifying prior DUI convictions or if an individual causes injury while driving under the influence.
DUIs with Prior Convictions
What seems like a “simple” DUI (VC 23152(a) or (b)) can escalate to a felony if there are three qualifying DUI convictions within a 10-year window surrounding the current offense. A fourth conviction under these circumstances is usually treated as a felony, with jail time served in the county jail instead of state prison. The penalty ranges from a minimum of 180 days to a maximum of 3 years, accompanied by fines ranging from $390 to $1000 [i] [ii].
A single felony conviction within the past 10 years for VC 23152, VC 23153, or PC 192(c)(1) in conjunction with a current/open VC 23152 or VC 23153 can also lead to felony charges [iii]. In cases of vehicular manslaughter while intoxicated [iv], regardless of timing, the current offense can be elevated to a felony. The consequences may involve formal probation or, if probation is not granted, a prison term of 16 months, 2 years, or 3 years [v].
DUIs Causing Death or Injury
When DUI results in injury, it often translates into a felony charge, especially if more than one person is harmed [vi].
DUI Causing Injury: VC section 23153, a “wobbler” offense, can be charged as a misdemeanor or a felony at the prosecutor’s discretion for a first or second offense. Felony convictions may lead to a state prison sentence of 16 months, 2 years, or 3 years. Fines range from $390 to $5000 if convicted of VC 23153 with one prior DUI conviction within the past 10 years. With two prior DUI convictions, a third-time DUI causing injury is a felony, punishable by 2, 3, or 4 years in state prison and a fine of $1,015-$5000. If the prosecution establishes great bodily injury and four or more DUI convictions in the 10 years surrounding the current offense, an additional 3-year consecutive prison term may be imposed [vii] [viii] [ix] [x] [xi].
Vehicular Manslaughter While Intoxicated: Vehicular manslaughter while intoxicated can be charged as a misdemeanor or a felony. A felony, involving gross negligence, incurs a state prison term of 4, 6, or 10 years. Certain prior convictions can elevate the sentence to 15-life [xii] [xiii].
Navigating felony DUI allegations and their corresponding sentencing provisions requires seasoned Pasadena and Los Angeles criminal defense attorneys. THE LEVENTHAL FIRM takes pride in its expert DUI lawyers with a wealth of experience in handling DUI cases and those involving bodily injury. If you or a loved one faces felony DUI charges, contact our Pasadena and Los Angeles criminal defense lawyers for comprehensive guidance.
Reference List:
[i] Cal VC 23550
[ii] Cal Penal Code 1170(h)
[iii] Cal VC 23550.5(a)
[iv] These include Cal Pen C 191.5(a), 191.5(b), or 192.5(a) – boating.
[v] Cal VC 23550.5(b)
[vi] One year for each victim, with a maximum of three additional years. Cal VC 23558
[vii] Cal VC 23554
[viii] Cal VC 23560
[ix] Cal VC 23566(a)
[x] GBI, or great bodily injury, is alleged by the prosecutor separately under Penal Code 12022.7.
[xi] Cal VC 23566(c)
[xii] See Penal Code 191.5(b), 191.5(c)(2). A range of sentences is available under California’s Realignment Statute, Penal Code 1170(h).
[xiii] Two prior convictions of 23152, or one prior conviction of 23153, one prior of 191.5, one prior of 192(c)(1) (vehicular manslaughter), one prior of 192.5(a) or (b) (boating manslaughter while intoxicated).