Some drunk-driving offenses are misdemeanors, while others are felonies. One of the offenses that straddle the line between a misdemeanor and a felony is a DUI causing an injury. Under California's DUI sentencing statutes, prosecutors must take into account many factors, including the number of prior offenses and the injury severity.

In practical terms, the severity of your DUI charge can affect the sentence you might face. Additionally, it can determine whether you're eligible for probation instead of imprisonment and whether you end up with a felony criminal record.

For these reasons, understanding the differences between felony and misdemeanor charges for DUI causing injury could be critical to mounting an effective defense.

What Is DUI Causing Injury?

California law prohibits anyone from operating a vehicle while intoxicated by any drug, alcoholic beverage, or a combination of drugs and alcohol.

Prosecutors can prove intoxication in two ways. They may use testimony from witnesses, including police officers, that the accused was under the influence of an intoxicant.

For example, witnesses might report that the accused was weaving in traffic, had bloodshot eyes, and slurred their speech. This offense occurs regardless of the accused's blood alcohol concentration (BAC), as long as the prosecution can prove impaired driving.

Alternatively, prosecutors can use chemical test results that show the accused had a BAC of 0.08% or higher. This offense occurs even if the accused didn't exhibit any symptoms of impairment — simply driving with a BAC of 0.08% or higher is a criminal offense. 

Importantly, this per se offense can occur with a BAC of only 0.04% or higher if the driver was operating a rideshare or commercial motor vehicle.

DUI causing injury requires two additional elements. First, prosecutors must prove that the impaired driver violated the law or neglected a duty imposed by law while operating their vehicle. Second, they must show that someone other than the driver suffered bodily injury. For statutory purposes, any physical harm qualifies as bodily injury.

Factors That Distinguish Misdemeanor and Felony DUI Charges

California's criminal code has an entire section devoted to sentencing for DUI charges. Under this section, a first offense of DUI causing injury is a misdemeanor subject to the following penalties:

• Imprisonment of 90 days to one year
• Fine of $390 to $1,000
• Driver's license suspension for one year

An offender who receives a misdemeanor sentence is eligible for probation. Specifically, the court can suspend all but five days of the person's jail sentence and impose probation.

Under some circumstances, a repeat offense may also qualify as a misdemeanor. 

Specifically, a driver who commits DUI causing injury within 10 years of a prior conviction for reckless driving, DUI, or DUI causing injury faces a minimum sentence of 120 days, but a maximum of one year. Thus, even after the enhancement for a prior reckless driving conviction, this charge still qualifies as a misdemeanor.

Grounds for enhancing a DUI causing injury to a felony offense include the following:

• Having two or more prior convictions for reckless driving, DUI, or DUI causing injury within the past 10 years
• Causing great bodily injury, meaning a substantial or significant injury

In these cases, the offense is classified as a felony, and the offender faces a sentence of two, three, or four years in prison. If the act injured or killed multiple victims, one year may be added to the sentence for each additional victim.

Determining Whether a DUI Charge Is a Felony or Misdemeanor

The factors used to raise the offense level of a DUI causing injury can be readily proven based on the circumstances. As such, understanding the differences is vitally important. 

When you have a better grasp of the severity of your accused offense and the potential penalties, you and your criminal defense attorney can present compelling arguments to seek a fair outcome in your case. Contact us today to learn more!