Los Angeles DUI Felony vs. Misdemeanor Attorney

Driving under the influence (DUI) in Los Angeles carries significant legal ramifications, with charges potentially ranging from a misdemeanor to a felony under California law. The determination of whether a DUI is classified as a misdemeanor or a felony hinges on several critical factors, including the defendant's history of prior DUI convictions, the specific circumstances surrounding the current offense, and whether the alleged conduct resulted in any injuries or fatalities. While California Vehicle Code Sections 23152 and 23153 form the cornerstone of most DUI prosecutions, a thorough understanding requires delving into relevant Penal Code sections, California Criminal Jury Instructions (CALCRIM), and the nuances of sentencing in Los Angeles courts.

This guide aims to provide a clear, detailed, and legally sound overview for individuals facing DUI allegations or those seeking to understand the intricacies of DUI law in Los Angeles. If you have been charged with a felony or misdemeanor DUI, do not hesitate to seek expert legal counsel with a DUI defense attorney.

California DUI Laws: Understanding Vehicle and Penal Code Sections

In California, the prosecution of DUI offenses primarily falls under the purview of the California Vehicle Code. Specifically, California Vehicle Code Section 23152 addresses the act of driving under the influence of alcohol or drugs without causing injury, typically charged as a misdemeanor. California Vehicle Code Section 23153 comes into play when driving under the influence results in injury to another person, which can be charged as either a misdemeanor or a felony, depending on the specifics of the case.

Beyond the Vehicle Code, the California Penal Code contains critical sections relevant to DUI, particularly when fatalities occur. Penal Code Section 191.5(a) defines the crime of gross vehicular manslaughter while intoxicated, which is always a felony. This charge involves allegations that the defendant's intoxicated driving exhibited gross negligence and directly caused the death of another person. Penal Code Section 191.5(b) addresses vehicular manslaughter while intoxicated, a charge that can be filed as either a misdemeanor or a felony (a "wobbler"). The distinction often lies in the presence or absence of gross negligence. Furthermore, in particularly egregious cases, such as those involving a prior DUI conviction and a subsequent DUI-related fatality where the driver had been previously informed of the dangers of driving under the influence (a "Watson advisement"), prosecutors may pursue charges under Penal Code Section 187, California's second-degree murder statute. This is commonly referred to as "Watson murder" and carries the most severe penalties associated with DUI-related deaths.

The difference between a misdemeanor and a felony DUI conviction is profound. A misdemeanor DUI typically carries a maximum penalty of up to one year in county jail, along with fines, mandatory DUI education programs, and driver's license suspension. In contrast, a felony DUI conviction can lead to imprisonment in state prison for a term of 16 months to multiple years, significantly higher fines, extended DUI education, a longer driver's license suspension, and the imposition of a SCRAM device. Moreover, a felony conviction carries significant collateral consequences that can impact various aspects of life, including voting rights, the ability to possess firearms, housing opportunities, and employment prospects. While California law provides avenues for expungement or reduction of felony convictions under certain circumstances (like Penal Code Section 17(b) for wobblers and Penal Code Section 1203.4 for expungement after probation), proactively avoiding a felony conviction through a robust legal defense is often the most advantageous strategy.

How Prior DUI Convictions Affect Felony Charges in Los Angeles

California law has specific provisions that enhance the penalties for repeat DUI offenders. A key aspect of this is the "ten-year lookback period." This means that any prior DUI convictions, including those from out of state that would qualify as DUIs under California law, within the ten years preceding a new DUI offense can lead to more severe charges and increased penalties.

Generally, a first, second, or third DUI offense within ten years is typically charged as a misdemeanor. However, the penalties escalate with each subsequent misdemeanor conviction. For instance, a third DUI conviction within ten years mandates a minimum jail sentence of 120 days as a condition of probation.

A fourth DUI offense within this ten-year timeframe can elevate the charge to a felony. While prosecutors retain some discretion to file such cases as misdemeanors in rare instances with significant mitigating factors, it is common for a fourth DUI to be filed as a felony. A felony conviction in this scenario can result in state prison time and the long-lasting repercussions associated with a felony record.

When Does a DUI Become a Felony Due to Injury or Death in Los Angeles?

Beyond prior convictions, the occurrence of injury or death as a result of the alleged DUI conduct is a primary factor in elevating a DUI to a felony. California Vehicle Code Section 23153, driving under the influence causing injury, is a "wobbler" offense. This means it can be charged as either a misdemeanor or a felony. Prosecutors will evaluate various factors to determine the appropriate charge, including the severity of the victim's injuries, the defendant's blood alcohol content (BAC), and the defendant's prior criminal history, particularly any prior DUI or serious felony convictions. If charged and convicted of a felony, the defendant faces potential state prison time and an obligation to pay restitution to the injured parties.

When a DUI incident results in a fatality, prosecutors will likely consider felony charges under the Penal Code. Penal Code Section 191.5(a), gross vehicular manslaughter while intoxicated, is always a felony. To secure a conviction, the prosecution must prove that the defendant was driving under the influence, acted with gross negligence, and that this gross negligence was a substantial factor in causing the death. Penal Code Section 191.5(b), vehicular manslaughter while intoxicated, is a wobbler offense. The key distinction from gross vehicular manslaughter lies in the element of gross negligence. If gross negligence is not present, the charge may be filed as a misdemeanor. However, even if initially charged as a felony, a judge has the discretion under Penal Code Section 17(b) to reduce the charge to a misdemeanor if the evidence does not support a finding of gross negligence and other mitigating circumstances exist.

The most severe charge in DUI-related fatalities is second-degree murder under Penal Code Section 187, often referred to as "Watson murder." This charge arises from the precedent set in the People v. Watson case. If a defendant has a prior DUI conviction, and especially if they received and acknowledged a "Watson advisement" (a formal warning about the dangers of driving under the influence), and they subsequently cause a death while driving under the influence, prosecutors can file murder charges. A conviction for Watson's murder carries a potential sentence of 15 years to life in state prison.

CALCRIM Jury Instructions That Apply to DUI Charges in Los Angeles

In Los Angeles courts, judges provide juries with guidance on the relevant laws through the Judicial Council of California Criminal Jury Instructions (CALCRIM). Several CALCRIM instructions are particularly pertinent to DUI cases:

• CALCRIM No. 2110: Driving Under the Influence (Vehicle Code § 23152(a)) This instruction outlines the fundamental elements the prosecution must prove beyond a reasonable doubt to establish a charge of driving under the influence of alcohol or drugs. These elements include that the defendant drove a vehicle and, at the time of driving, was under the influence of an alcoholic beverage, a drug, or a combination of both. The instruction further defines "under the influence" as having mental or physical abilities so impaired that the person can no longer drive with the caution of a sober person using ordinary care under similar circumstances.
• CALCRIM No. 2111: Driving With 0.08 Percent Blood Alcohol or More (Vehicle Code § 23152(b)) This instruction addresses the offense of driving with a blood alcohol concentration (BAC) of 0.08 percent or higher. It informs the jury that if the prosecution proves beyond a reasonable doubt that the defendant's BAC was 0.08 percent or more at the time of the chemical analysis, the jury may, but is not required to, conclude that the defendant was under the influence of an alcoholic beverage at the time of the alleged offense.
• CALCRIM No. 2100: Under the Influence—Defined This instruction provides further guidance on how to determine whether a defendant was under the influence. It emphasizes that the manner of driving alone is not sufficient to establish impairment but is a factor to be considered along with all other surrounding circumstances.
• CALCRIM No. 590: Gross Vehicular Manslaughter While Intoxicated (Penal Code § 191.5(a)) and CALCRIM No. 591: Vehicular Manslaughter While Intoxicated (Penal Code § 191.5(b)) These instructions detail the elements required for convictions of gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated, respectively. For gross vehicular manslaughter (CALCRIM No. 590), the prosecution must prove the defendant drove under the influence, acted with gross negligence, and that this gross negligence caused the death of another person. For vehicular manslaughter (CALCRIM No. 591), the element of gross negligence is not required; the prosecution must prove the defendant drove under the influence and that this unlawful act caused the death of another person.
• CALCRIM No. 520: First Degree Murder: Premeditation and Deliberation (Penal Code § 187) While this instruction primarily addresses first-degree murder, it is relevant in "Watson murder" cases where DUI is charged as second-degree murder. In this context, the prosecution must demonstrate that the defendant acted with implied malice, meaning they intentionally committed an act, the natural consequences of which were dangerous to human life, and they knew their conduct endangered the life of another and acted with conscious disregard for human life. The prior DUI conviction and the "Watson advisement" are key pieces of evidence in establishing this element of implied malice.

These jury instructions provide the framework within which the jury evaluates the evidence presented and determines whether the prosecution has met its burden of proving guilt beyond a reasonable doubt for the specific DUI charges.

DUI Sentencing in Los Angeles: Misdemeanor vs. Felony Penalties

Sentencing in DUI cases in Los Angeles County is determined by a variety of factors, including whether the charge is a misdemeanor or a felony, the number of prior DUI convictions, the BAC level, whether injuries or death occurred, and any aggravating or mitigating circumstances. While judges adhere to the sentencing ranges outlined in the California Vehicle Code, they also consider the specific details of each case. Potential sentencing components include jail or prison time, probation, fines, mandatory DUI education programs, installation of ignition interlock devices (IIDs), driver's license suspensions, and restitution to victims.

Misdemeanor DUI Sentences:

A first-time misdemeanor DUI in Los Angeles can result in the following penalties:

• Up to six months in county jail, though alternatives like probation, house arrest, electronic monitoring, work release, or community service may be available, especially for first-time offenders without significant aggravating factors. A minimum of 48 hours to 6 months in county jail is possible.
• $390 to $1,000, plus significant court fees and assessments, potentially totaling several thousand dollars.
• Typically, this involves three to five years of informal probation with conditions such as attending DUI school, paying fines, and not committing further offenses.
• Mandatory attendance at a DUI education program ranging from three to nine months.
• A minimum suspension of six months.
• Courts often require the installation of an Ignition Interlock Device (IID) for a specified period as a condition of probation or license reinstatement.

For a second DUI conviction within ten years, the penalties increase:

• Up to one year in county jail, with a mandatory minimum of 96 hours.
• Higher fines compared to a first offense.
• Mandatory completion of an 18-month or 30-month DUI education program.
• A longer suspension period, typically one to two years.
• Mandatory installation of an IID for a longer duration.

A third DUI conviction within ten years carries even more severe consequences:

• Up to one year in county jail, with a mandatory minimum of 120 days.
• Substantially higher fines.
• Completion of an 18-month or 30-month DUI education program.
• A suspension period of up to three years.
• Mandatory IID installation for an extended period.

Felony DUI Sentences:

When a DUI is charged as a felony, the potential punishments escalate dramatically:

• For a standard felony DUI without injury (typically a fourth DUI), a defendant could face 16 months, two years, or three years in state prison. If the felony DUI involves injury or great bodily injury (GBI), sentencing enhancements under Penal Code Section 12022.7 can add additional years to the prison sentence.
• Fines can reach up to $5,000.
• Suspension of the driver's license for up to five years.
• Mandatory participation in DUI school for up to 30 months.
• Mandatory payment of restitution to any victims for their losses and expenses.
• The court may order the use of a SCRAM (Secure Continuous Remote Alcohol Monitor) device.
• While probation is possible in some felony DUI cases, it often includes lengthy jail terms, strict compliance requirements, and victim restitution.
• Gross Vehicular Manslaughter While Intoxicated (Penal Code § 191.5(a)): Can result in a prison sentence of four, six, or ten years, depending on the specific facts of the case.
• Watson Murder (Penal Code § 187): Carries a potential sentence of 15 years to life in state prison.

It is crucial to understand that these are general guidelines, and the actual sentence imposed by the court will depend on the specific circumstances of the case, the defendant's criminal history, and any aggravating or mitigating factors presented. Aggravating factors, such as a high BAC, causing an accident, or having a minor in the vehicle, can lead to harsher penalties.

Collateral Consequences of a Felony Conviction

Beyond the immediate penalties imposed by the court, a felony DUI conviction carries long-lasting collateral consequences that can significantly impact a person's life. These include:

• Loss of Civil Liberties: Felony convictions typically result in the loss of certain fundamental rights, including the right to vote (during incarceration and parole) and the right to possess firearms.
• Employment Difficulties: Many employers are hesitant to hire individuals with felony records, creating significant barriers to employment opportunities.
• Housing Limitations: Landlords may be unwilling to rent to individuals with felony convictions, making it challenging to secure housing.
• Professional License Implications: Felony convictions can jeopardize professional licenses in various fields, potentially impacting a person's career.
• Immigration Consequences: For non-citizens, a felony DUI conviction can have severe immigration consequences, potentially leading to deportation if the offense is classified as a crime of moral turpitude or a deportable offense.
• DNA Sample Requirement: Individuals convicted of a felony are typically required to provide a DNA sample to law enforcement.

California law offers some avenues for relief from these collateral consequences. As mentioned earlier, certain felony convictions that are "wobblers" may be reduced to misdemeanors under Penal Code Section 17(b) if the defendant meets specific eligibility criteria. Additionally, after completing probation, individuals may be eligible to seek an expungement of the conviction under Penal Code Section 1203.4. While an expungement provides some relief and can be beneficial in certain situations, it does not entirely erase the conviction from a person's record.

Legal Defenses for DUI Charges in California: What Works in Court

Regardless of whether a DUI is charged as a misdemeanor or a felony, building a comprehensive and strategic defense is paramount. A skilled DUI defense attorney can explore various potential defenses, including:

• Challenging the Legality of the Traffic Stop: If the initial stop of the vehicle was unlawful, any evidence obtained subsequently may be suppressed.
• Attacking the Accuracy of Breath or Blood Tests: The accuracy and reliability of chemical tests can be challenged based on factors such as improper administration, equipment malfunction, or chain of custody issues.
• Questioning the Reliability of Field Sobriety Tests: The administration and interpretation of field sobriety tests are subjective and can be challenged.
• Demonstrating Non-Alcoholic Causes of Impairment: An attorney can present evidence that physical signs of impairment were due to factors other than alcohol or drugs, such as fatigue, medical conditions, or prescription medications.
• Forensic Analysis in Injury or Fatality Cases: In cases involving injuries or fatalities, forensic experts may be retained to reconstruct the accident scene, analyze evidence, and potentially refute the prosecution's theories.

In potential "Watson murder" cases, the stakes are exceptionally high, and a meticulous examination of every aspect of the prosecution's case is essential.

Individuals facing any level of DUI charge in Los Angeles should seek immediate legal counsel from an experienced DUI attorney who is familiar with the local courts, prosecutors, and judges. An attorney with a background in prosecution or extensive DUI defense experience can anticipate the prosecution's strategies and develop a robust defense plan tailored to the specific circumstances of the case. Early involvement of an attorney allows for proactive measures, such as negotiating with prosecutors to potentially reduce charges or presenting favorable mitigating evidence before formal charges are even filed.

Why You Need an Experienced Los Angeles DUI Defense Attorney

The complexities and potential consequences of a DUI charge, whether misdemeanor or felony, underscore the critical importance of having qualified legal representation. Even a first-time misdemeanor DUI can have far-reaching repercussions beyond fines and potential jail time, including driver's license suspension and increased insurance rates. For those facing felony charges, the risks are significantly greater, and the legal process becomes considerably more intricate.

A knowledgeable DUI defense attorney can provide invaluable assistance by:

• Advocating for Reduced Bail: An attorney can argue for a lower bail amount to allow the defendant to remain out of custody while the case is pending.
• Challenging the Prosecution's Evidence: A skilled attorney will thoroughly investigate the evidence against the defendant and identify any weaknesses or constitutional violations.
• Negotiating Favorable Plea Agreements: In some cases, negotiating a plea agreement with the prosecution may be the most strategic option to minimize potential penalties.
• Preparing a Case for Trial: If a favorable resolution cannot be reached through negotiation, an experienced attorney will prepare a strong defense and represent the defendant at trial.
• Addressing Collateral Issues: Attorneys can also assist with related issues, such as representing the defendant at California Department of Motor Vehicles (DMV) hearings to challenge a driver's license suspension.

In serious felony DUI cases involving injury or death, the expertise of a strong legal advocate is indispensable. Attorneys can work with expert witnesses, such as accident reconstructionists and medical professionals, to challenge the prosecution's narrative and present mitigating factors to the court. Effective legal representation can sometimes lead to reduced charges or alternative sentencing arrangements that prioritize rehabilitation over lengthy incarceration.

Speak With a Los Angeles DUI Lawyer Today for Legal Guidance

If you have been arrested for or charged with a misdemeanor or felony DUI in the Los Angeles area, it is imperative to seek legal counsel as soon as possible. Early intervention by a skilled attorney can significantly impact the outcome of your case. By understanding the California Penal Code sections, jury instructions, and sentencing guidelines relevant to DUI offenses, individuals facing these charges can better navigate the legal process and ensure their rights are fully protected.

For more information about felony and misdemeanor DUI offenses in Los Angeles, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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