Drinking Under Influence

WHEN DUI (Driving Under Influence) BECOMES A FELONY
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A felony is a crime punished by imprisonment in the state prison, for over one year. The length of punishment is determined by a low, mid and high term, usually 16months, 2 years, and 4 years, respectively. A DUI can be misdemeanor or a felony depending on a number of factors, such as whether injury occurred and / or whether there are prior DUI convictions. DUI convictions and punishments are guided by the California Vehicle Code

Some DUI felonies are also referred to as wobblers. Wobblers are punishable either by confinement in county jail or incarceration in state prison. Wobblers differ from straight felonies not only in the punishment imputed, but also in the post-conviction relief available. If a wobbler is punished by incarceration in county jail and probation is imposed upon release, then the defendant may petition the court to reduce the felony to a misdemeanor under 17 (b) of the California Penal Code. If granted, the conviction will be considered a misdemeanor; however it is still priorable as a felony under the Three Strikes Law. VC Section 23153.

When Blood Alcohol Content (BAC) is below .08%

If the driver of a vehicle drives while under the influence of alcohol or drugs (or a combination of the two), commits an act forbidden by law or neglects any duty imposed by law in driving the vehicle which was the proximate cause of the traffic collision and injures someone other than himself, then the DUI is considered a felony. However the driver must be at fault for the traffic collision otherwise if not at fault of traffic collision then the driver shall be charged with violation of VC 23152 (a) a misdemeanor.

When BAC is at or above .08%

It is unlawful for any person to drive with a .08% blood alcohol content and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle which was the proximate cause of bodily injury to any person other than himself, then the DUI is considered a felony. However the driver must be at fault for the traffic collision otherwise if not at fault of traffic collision then the driver shall be charged with violation of VC 23152 (b) a misdemeanor.

The courts have determined that if the driver undergoes a chemical test which reflects a BAC of .08% or greater within 3 hours of driving, then it is a rebuttable presumption that the driver had a BAC of .08% or greater at the time of driving.