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Consequences of a Fourth or Felony DUI Conviction in California

In California DUI Consequences, Criminal Court Protocol, Helpful DUI Information on November 25, 2010 at 1:04 pm

If you have three prior DUI convictions within the state of California within 10 years, your fourth DUI conviction will likely be seen as a felony.  However, this is not the only way a person can be charged with a Felony DUI.

Being convicted of 3 prior DUI convictions is the most common way for an otherwise misdemeanor DUI to turn into a felony violation. Again, a DUI can be charged as a felony when :

  • 3 DUI Convictions within the ten year period
  • If you were previously conviction of a Felony DUI, all subsequent DUIs will be charged as a felony.
  • DUI with Great Bodily Injury and/or death

The consequences of a felony DUI varies greatly with the circumstances of your recent felony DUI arrest, what jurisdiction your felony DUI was out of and what type of felony DUI it is how are generally are as follows.

Consequences & Penalties for a 4th DUI

  • * 16 months to 2 years Jail Time
  • * 18 Month Alcohol School
  • * In Patient/Out-Patient Rehab
  • * Court Fines in Excess of $2,500.00 +
  • * 4- 10 Years Driver License Suspension
  • * MADD Victim Impact Panel
  • * Morgue Program
  • * 3-5 years Probation, Formal or Informal

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For a DUI with Great Bodily Injury, your DUI will also be a Felony.

Were you recently involved in a accident and were arrested for DUI?  Was there an injury involved with the accident that was severe?

If so, you are likely charged with  23153(a) “DUI causing injury.”  In order to be convicted of felony 23152 (a), the state must provide that you were driving under the influence of alcohol and/or drugs, the cop had enough evidence to arrest you for a  DUI, and during the course of the DUI you injured another party.

To be convicted of 23153 (b), the People must prove your blood alcohol level was above a .08% at the time of the accident however, you do not need to have a blood alcohol level above a .08% to be arrested for and convicted of felony DUI.  Instead, the People will prosecute you for 23153 (a) only.

Consequences & Penalties for a Felony DUI with Injury

  • * 2-4 Years State Prison
  • * 18 Month Alcohol School
  • * In Patient/Out-Patient Rehab
  • * Court Fines in Excess of $2,500.00 +
  • * Victim’s Restitution (can be in excess of a $100k.)
  • * 4- 10 Years Driver License Suspension
  • * MADD Victim Impact Panel
  • * Morgue Program
  • * 3-5 years Probation, Formal or Informal
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