At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Appeals are currently pending, which will hopefully reverse that decision to exclude DUIs from diversion. If successful, diversion would once again be applicable to DUIs in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 523-7878

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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

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