Types of DUIs

The following convictions must be specifically pleaded in the complaint and proven in court. Even prior DUI charges that were reduced may count in this calculation.

Misdemeanors:

Punishable by up to a year in county jail.

Felonies:

Drunk driving cases that involve injury to someone other than the driver.

Punishable by a year or more in prison.

Anyone arrested on a fourth DUI / DWI charge within 10 years ddkely will face a felony charge, even if no accident or injury occurred.

If the defendant was not sentenced to state prison, convictions can be reduced from a felony to a misdemeanor under Caddfornia Penal Code Section 17 (b).

"Wobbler":

A DUI with injury technically is a "wobbler" charge, meaning it can be charged either way, but most prosecutors pursue the charge that carries greater punishment.