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CA DUI law, is a DUI in CA a felony or a misdemeanor
I received a felony DUI (2 seperate DUI felonies) in california last friday. I destroyed my car, and their car. I had full coverage, and It will be covering everything. They had "Minor injuries" according to the highway patrol that arrested me, and my insurance agent I just got off the phone with. I was arrested on the spot for a DUI and was charged with 2 felony counts, I go to court on tuesday.
Attorney answers (6)
Reputation Level 11
Answered over 3 years ago.
DUI / DWI Attorney in Newport Beach, CA.
The other two attorney's made good points. I wanted to add that you should NOT assume that your insurance will cover everything - EVEN IF YOU HAD FULL COVERAGE. The reason is that in CA, most insurance policies now include a provision which allows the insurance company to REDUCE YOUR COVERAGE to the MINIMUM coverage by law if you are DUI in the accident. That means that your insurance company can reduce your coverage in THIS ACCIDENT to $5000 for property damage, and $15000 for each injury (not to exceed a total of $30,000). Your chances of getting these reduced to misdemeanors is greatly improved by hiring an experienced DUI attorney like the members of CDLA.
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Reputation Level 14
Answered over 3 years ago.
Criminal Defense Attorney in Los Angeles, CA.
I assume that your felony DUI is a Vehicle Code Sec. 23153(a), DUI with injury accident, and that you have two separate counts because two people were injured. This offense is a "wobbler"; that is, it can be charged as either a misdemeanor or a felony. YOU MUST HIRE A LAWYER (if you haven't already). He will be able to advise you on the chances of your getting this case bargained down to a misdemeanor.
2 people marked this answer as good
Reputation Level 10
Answered over 3 years ago.
DUI / DWI Attorney in San Francisco, CA.
Get a DUI specialist in your area right away - I assume you mean you were charged w/ 23153(a) and 23153(b). You took a breath or blood test too. Don't miss the 10 day limit to fight to save your license. Check out these attorneys in your area. www.california-dui-lawyers.org or me if in the area www.joshdale.com
Good luck. 2 people marked this answer as good
Reputation Level 9
Answered over 2 years ago.
DUI / DWI Attorney in San Diego, CA.
Contact a DUI lawyer in your area immediately. You are most likely being charged with DUI with injury which is a felony. A skilled DUI attorney will be the most beneficial to you in this case. Find one in your area.
4 people marked this answer as good
Reputation Level 20
Answered about 3 years ago.
Criminal Defense Attorney in San Francisco, CA.
There is always a chance to have these reduced to misdemeanors although it will be difficult. Follow the advice of the other lawyers who have posted. This kind of thing can screw up your life for a long time so don't go cheap on defense. Hire the best. I recommend Josh Dale or me, and I will be in Sacramento Tuesday morning. Call for free consultation and rates: 415-753-1889.
2 people marked this answer as good
Reputation Level 13
Answered about 3 years ago.
Employment / Labor Attorney in Ontario, CA.
Well, you have received very good advice. You really should consult with a DUI lawyer in your area and hire them. You need expert advice based on your circumstances. Good Luck!
1 person marked this answer as good
Other answers (1)
krammer_439
Answered by a user, about 2 years ago.
I am on probation for my first DWI, and probation also for driving with a suspended licence. It was only a misdemeanor. I recieved no jail time. That night I was arrested for the DWI I hit a side of a car after they pulled out in front of me, totalling mine and their car. In Louisiana the third is usually when it becomes a felony. When the judge review the incident report, the charge, and come up with a sentence after he/she reviews your past record. If you had this before, then yah, you would be sentenced at least 5 years. But you said it is a felony, that can be up to 3 years in the state pentatentary. Depending your state laws. My area is really tough. With felonies it is usually mandatory jail time. It could be reduced to misdemeanor charges depending on how serious the incident was.
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