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If you have been arrested for driving under the influence (DUI) in Oakland, California, you may be wondering, “Will I be charged with a misdemeanor or a felony?” The answer can significantly depend on the specifics of your case.
DUI offenses in California are primarily governed by Vehicle Code 23152(a), which prosecutes driving under the influence of alcohol or drugs, including illicit drugs, prescription medications, and over-the-counter drugs as a misdemeanor. You might be questioning, “What happens if my Blood Alcohol Concentration (BAC) is at 0.15% or even 0.18%? Would that escalate to felony charges?”
Interestingly, even with a higher BAC, such as 0.15% or 0.18%, your DUI charges will still likely be classified as a misdemeanor under Vehicle Code 23152(b) since any BAC over 0.08% qualifies as a high BAC DUI but does not automatically raise it to a felony category.
Understanding When a DUI Charge Becomes a Felony
A DUI charge might escalate to a felony under certain “aggravating” circumstances. These situations include:
- If you have three or more wet reckless or DUI convictions within the last 10 years.
- If your actions resulted in someone else’s injury while you were driving under the influence.
- If your impaired driving unfortunately resulted in someone’s death.
Involvement in Serious Accidents
If you were involved in an accident due to DUI where someone sustained serious injuries or, in the worst cases, lost their life—whether it’s a passenger, pedestrian, cyclist, or another driver—you will likely be faced with felony DUI charges. This elevation in charges can also apply if this is your fourth DUI offense. Additionally, a BAC reading of 0.20% or higher may also categorize your offense as a felony.
The Consequences of a Misdemeanor DUI
It’s essential to remember that even being charged with a misdemeanor DUI can bring traumatic consequences. You might face challenges like the loss of driving privileges, heavy fines, or increased insurance rates. Navigating through such severe legal and financial repercussions requires a seasoned Oakland DUI attorney by your side to help you mitigate the consequences you could face following this unfortunate event.
Consultation with an Experienced Oakland DUI Defense Attorney
If it’s your first DUI conviction and no one was injured or killed during the incident, it is likely that your case will be treated as a misdemeanor. However, if this offense marks your fourth DUI in a decade, or if it involved injuries or fatalities, your charge could swiftly transform into a felony.
The Importance of Understanding Prior Charges
Moreover, it’s crucial to keep in mind that a wet reckless charge counts against you as a prior DUI for sentencing purposes. This means any previous wet reckless conviction will play a role in future DUI cases.
The Value of Legal Guidance
If you find yourself facing either misdemeanor or felony DUI charges in Oakland, consulting with an experienced DUI defense attorney is a wise decision. At the Law Offices of Nabiel C. Ahmed, we offer a free case evaluation that allows you to understand the viable DUI defense strategies we can employ to support your case.
Take Action
It is paramount that you avoid pleading guilty or no contest too quickly. Such a plea guarantees a conviction and can preclude you from learning about possible defenses you may have. Don’t wait; secure an aggressive DUI defense now! Contact us today at 510-576-5544 to ensure your rights are protected!
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