How A Simple DUI Charge Can Classify As A Felony DUI

In the state of California, being charged with a DUI violation is a serious matter which must be attended to at the earliest possible opportunity. Essentially, a drunk-driving charge is classified as a misdemeanor offense. However, there are situations wherein the offense may be considered as a felony DUI instead. What is the significance of the change in classification? It’s a pretty huge one, especially when it comes to the penalties and other legal consequences involved. A misdemeanor DUI is considered as just simple DUI even when you have been charged more than once. This means that your case has not been attended with any aggravating circumstances. By and whole, a misdemeanor DUI has less harsh legal consequences than a felony one.

A simple DUI becomes a felony DUI when the same is attended by aggravating circumstances. These would include the following situations:

• The DUI offense led to the injury or death of another person.
• The offender has committed three or more prior DUI convictions within a ten-year period.
• The offender already had at least one prior felony DUI conviction.

These enumerations are not exclusive. In other words, you may still be cited for a felony DUI instead of just a misdemeanor DUI in other cases. One example is when you committed an additional vehicle code violation when you were charged with the DUI offense or when you have been driving negligently. However, any of the following circumstances must also concur:

• You were caught driving under the influence and causing injury in the process.
• You committed DUI vehicular manslaughter.
• You committed DUI second degree murder or otherwise known as “Watson Murder.”

Now when we talk of “prior offenses” to classify them as “prior convictions within a ten-year period,” the offender must have committed either a California DUI, a California “wet reckless,” or an out-of-state conviction which would still be the equivalent of a DUI had it been committed in the state of California. So what is a “wet reckless” DUI? Under pertinent legislation, a California “wet reckless” is generally the first level of DUI reduction that the prosecution will offer. The term “wet” signifies that the offender was indeed driving under the influence of alcohol or maybe even drugs in some cases. Now here’s something quite important to keep in mind: a California wet reckless is not really a charge for which one can be arrested but rather, it can be offered as a plea bargained settlement in place of a DUI. It goes without saying that in all these circumstances, seeking immediate legal assistance from an experienced DUI defense attorney is definitely vital.