Yes, a DUI can be charged as either a misdemeanor or a felony in California. Most DUI cases are filed as misdemeanors, but certain circumstances can elevate a DUI to a felony offense.

The most common reason a DUI becomes a felony is when the alleged offense involves injury to another person. When a DUI causes injury, prosecutors may charge the case as either a misdemeanor or a felony, depending on factors such as the severity of the injuries, the facts of the arrest, and the defendant’s prior record.

A DUI may also be charged as a felony in California under the following circumstances:

  • If the driver has one or more prior felony DUI convictions within the past 10 years, or
  • If the driver has three or more prior DUI convictions, making a fourth DUI within 10 years a felony offense.

Felony DUI charges carry significantly harsher penalties than misdemeanor DUIs, including longer jail or prison sentences and increased fines.

Learn more about DUI causing injury and felony DUI charges in California