Driving under the influence of alcohol or drugs may result in felony DUI charges if someone is injured or if the driver has multiple DUI convictions. Looking for specific examples to answer the question, “what is a felony DUI?” Here are three descriptions of aggravating circumstances that result in a felony DUI:
- Drunk driving caused a person other than the driver to be seriously injured or killed
- The driver has had three or more DUI convictions in a 10-year period
- The driver has previously been convicted of a felony DUI
While most of the time driving under the influence results in a misdemeanor charge, there is always an additional risk of being convicted of a felony when driving after too many drinks.
In the state of California it is illegal to drive a vehicle when a person’s blood alcohol content is 0.08% or greater, 0.04% for commercial vehicle drivers, and 0.01% for those under 21 years of age. The type of alcohol (liquor, beer/wine, mixed), number of drinks consumed, and other factors such as medications, fatigue, food consumption, gender and weight can affect someone’s blood alcohol content.
Drunk driving that causes injury is often called a “wobbler” charge in California. This means that the charge may be prosecuted as a misdemeanor or felony at the prosecutor’s discretion. Prosecutors consider the details of the DUI case and the defendant’s criminal history.
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