A Guide to Search Results for "California Felony DUI"

The search term "california felony dui" is an unequivocal reference to California Vehicle Code, section 23153, a statute that elevates what would be misdemeanor drunk driving to a felony offense, with dui being an abbreviation for "driving under the influence." Felony dui takes two forms in California, each form having notable differences from a misdemeanor charge. The differences in the first instance, DUI with injury, are primarily two. First, the offense requires more than just driving either (1) under the influence or (2) with .08% blood-alcohol or more, requiring that an injury be caused to another caused by drunk driving. It further requires (3) a serious injury to another human being. In some jurisdictions, such as California, the felony offense also requires (4) independent proof of negligent driving or violation of a traffic law. Second, the offense is usually punishable by a prison sentence, rather than a shorter county jail sentence such as with a misdemeanor. The second and more recent version of the felony DUI charge is brought where the driver has a criminal record involving DUIs, usually three or more prior convictions within a period of time (commonly seven years), or a previous felony DUI conviction.

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  • Law Offices of Lawrence Taylor
    A California law firm with 11 lawyers and a practice limited to DUI defense. No cases but misdemeanor or felony DUI accepted.
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