Menu 
Law Firm of Aaron Bortel

There Are 3 Levels Of DUI Charges In California: Infraction, Misdemeanor And Felony


Charging A DUI As A Felony Or Misdemeanor

There are three different types of DUI cases: misdemeanors, felonies and infractions. We’re talking about DUIs, an infraction would be the lightest one and that’s when someone is under 21 and has a BAC under a .05. There’s under a charge for a BAC .05 and then there is another for BACs between a .05 and a .07.

Once the driver’s BAC is at .08, it’s charged as a regular DUI, which is almost always charged as a misdemeanor. A misdemeanor DUI in the San Francisco Bay area and all over California is usually charged when someone is at or over a .08 blood alcohol level and/or when they’re driving impaired or driving without the caution of a sober other person.

There’s two different types of charges. The .08 and the impaired driving that are usually seen in a misdemeanor DUI case. Also, misdemeanor DUI case could be a minor injury, not a major injury. That would be a Vehicle Code Section 23153. Minor injuries would be considered minor tissue damage, soreness, a small number of stitches.

A Felony DUI May Include Inflicting A Severe Injury On Another Individual

It depends on how the DA’s office wants to charge the offense. If it’s more severe injury then it’s usually charged as a felony DUI. A felony DUI you often see first some pretty serious back or neck injuries, broken bones, fractures, major cuts, concussions and injuries like that.

Drivers With 4 DUIs Within 10 Years Will Face Felony Charges

A felony DUI is either some type of a more serious injury, although it doesn’t take much for some district attorney’s offices to charge them as felonies. A driver that has a fourth DUI within ten years of the arrest date of their first DUI will be facing felony charges.

For more information on Levels Of DUI Charges In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

Get your questions answered - Call Us 24/7 For a FREE Case Evaluation (415) 523-7878

Related Articles