Rizio and Nelson California Law Blog

Felonies are crimes that are punishable up to state prison terms. The term length is variable, depending upon the severity of the crime and the criminal record of the offender, and can be low, mid, or high term. A DUI may be a misdemeanor or a felony depending the offender’s criminal background and other variables. The California court system guides DUI convictions and punishments based on applicable laws.

Wobblers are a characterization of some DUI felonies. Wobblers are punishable by confinement either in county jail or in state prison. Wobblers are different from straight felonies in the punishment ascribed and in the post-conviction assistance available. If punishment for a wobbler includes incarceration in county jail and probation is imposed upon release, then the defendant may petition that the court to reduce the felony to a misdemeanor. Granting of this petition will result in misdemeanor classification for the offense; however, the Three Strikes Law is still recognized.