Rizio and Nelson California Law Blog

DUI Felony Classification

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...

California Felony DUI

Driving under the influence charges are classified either as a misdemeanor or a felony based on the facts surrounding the individual case. How the charges are filed will depend on whether or not the arresting officer determines who was at fault during an accident that involves a drunk driver. Typically if the driver causes injury to someone other than himself, then the charges will be considered a...

Felony DUI

A DUI felony means that you are at fault for a collision where someone other than you has been injured.  If you are not at fault, then the DUI will be charged as a misdemeanor.  It is an important distinction because all felonies are punishable by imprisonment. Prison time for a felony DUI varies.  Jail time may be short term or long term depending on the severity of the collision.  Once you have...

When is a DUI a felony?

The DUI is a felony if the driver of a vehicle drives while impaired by alcohol and/or drugs and commits a forbidden act or neglects a duty imposed by law in driving the vehicle that was the proximate cause of the traffic accident and injures someone other than himself. However, placement of the fault must be on the driver for the traffic accident. Alcohol or drug impairment without classification...

DUI Arrest Per Se Rule

To be convicted of a DUI, a prosecutor has the burden of proving beyond a reasonable doubt that the defendant was driving under the influence of alcohol (and over the legal limit). The types of evidence which normally indicate acceptable evidence include: driving pattern, physical appearance, performance on field sobriety tests, and the results of chemical tests. Nevertheless, many people can drive...