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Subscribe to this list via RSS Blog posts tagged in Felony DUI

What Distinguishes a Felony DUI from a Misdemeanor DUILast week, many community members in Bakersfield, California, were incredulous after the local district attorney announced that a high-profile case would not include charges of felony driving under the influence of alcohol. The suspect had supposedly been legally intoxicated when his vehicle hit and killed a bicyclist. However, he is being charged with the lesser misdemeanor DUI. The case illustrates the intricacies when deciding between misdemeanor DUI and felony DUI charges in California. Felony charges may require proving negligence and causation, as well as intoxication.

Misdemeanor vs. Felony

Misdemeanor DUI charges commonly occur when a defendant is suspected of being intoxicated after a routine traffic stop. A person can have as many as four DUI convictions within a 10-year period before facing felony DUI charges. However, a DUI charge can be upgraded to a felony if someone is injured or killed as a result of the DUI. There are several types of felony DUI charges involving injury or death:

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