All these charges are "wobblers," meaning they can be charged as a felony are misdemeanor. The choice of how to charge the case is up to the District Attorney's Office, and even if initally charged as a felony it can doesn't mean it can't later be reduced to a misdemeanor. These cases are very fact dependent and require the assistance of a knowledgeable and experienced defense attorney. I've been a defense attorney in North County for quite some time and am familar with how things are done here. Also, a person who is arrested for a DUI should have their attorney contact the DMV as soon as possible in order to protect the person's driving privileges. DMV action is entirely seperate from whatever the court does. Please feel free to call and arrange for a free consultation.