Matthew Ruff, a DUI Lawyer in Torrance California dicusses societal trends, social mores and current California laws relating to Driving Under the Influence and drunk driving. If you have any questions contact Matthew directly at 310-686-1533
Monday, June 18, 2012
Is a DUI a Felony in California?
No, not generally. A simple DUI, which is codified as a Vehicle Code section 23152 is a misdemeanor in the state of California for all purposes. The only time a DUI can become a felony is if someone was injured or seriously hurt or of the person charged has 3 or more prior DUI convictions in a 10 year period. Some believe that the California DUI laws make a DUI a felony if your breath or blood test is very high, say above a .20%. This is again false, according to one Manhattan Beach DUI Attorney who has defended thousands of these types of cases. The BAC level will determine the kind of punishment that a judge will impose, such as a longer DUI school or a higher fine or some jail time but the blood alcohol level alone cannot turn a misdemeanor DUI into a felony anywhere in the state of California. The best advice is to consult with a local lawyer who can go over potential penalties and consequences that may flow form a driving under the influence arrest, Once you have this information you can make informed decisions about which way you may want to take the case, say a plea bargain or going to jury trial.
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