A California driving under the influence charge is generally charged as a misdemeanor. However, if you have three priorable DUI convictions within the last 10 years or you have a prior felony conviction within the last 10 years, your current DUI charge may be charged as a felony.
Priorable DUI convictions include driving under the influence (California Vehicle Code section 23152), driving under the influence with injury (California Vehicle Code section 23153), wet-reckless (California Vehicle Code section 23103.5), and out-of-state convictions that qualify as a priorable conviction (see prior post “Out-of-State Priors”).
The priorable convictions must take place within the 10-year “washout” period. Any priorable convictions occurring outside of the 10-year period cannot be used to enhance what would otherwise be a misdemeanor DUI charge to a felony DUI charge.
To prove priorable convictions the prosecutor may use court records from the prior cases as well as Department of Motor Vehicle records. The prosecutor may also use “expunged” (California Penal Code section 1203.4 dismissal) priors in enhancing a DUI charge if the conviction occurred within the 10-year period.
If charged with a felony DUI charge, you face 16 months, 2 years, or 4 years in prison, anywhere between $390 to $1000 in fines (not including court fees and costs), Habitual Traffic Offender status for 3 years, and a revocation of your driver’s license for 4 years.
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