Is the first drunk driving charge always a felony?
Is the first drunk driving charge always a felony?
Dennis Roberts, a P.C.
| Dennis Roberts
Oakland, CA
Oakland, CA
Never unless an accident is involved. A simple DUI is always a misdemeanor even if it is your second.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Wallin & Klarich: A Law Corporation
Unless you injured someone due to the DUI your first DUI is never a felony, it is always a misdemeanor.
Answer Applies to: California
Replied: 8/15/2011
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Answer Applies to: California
Replied: 8/15/2011
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Answered By: The Chastaine Law Office
No, in California a simple DUI is a misdemeanor. It only becomes a felony if there is an accident
Answer Applies to: California
Replied: 8/12/2011
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Answer Applies to: California
Replied: 8/12/2011
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Answered By: Law Office of Peter F. Goldscheider
If there is no accident and no injury it is a misdemeanor.
Answer Applies to: California
Replied: 8/12/2011
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Answer Applies to: California
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Michael Bialys The DUI Dude
A first DUI is only a felony if someone suffered injuries.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
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Answered By: Alanna D. Coopersmith, Attorney at Law
No, it's a misdemeanor unless people were injured.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James A Bates
No, not unless someone is injured or killed.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The English Law Firm
Normally a first time DUI is a misdemeanor unless it involves injury to a third party.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Nelson & Lawless
DUI is a misdemeanor unless an accident is involved, then it can be a felony.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Greenwald, Mayfield & Vigil, LLP
No, a simple DUI (no accident with injury) is a misdemeanor. Typically, unless there are additional facts (accident with great bodily injury), a DUI is not a felony unless it is your fourth DUI. If you are being charged with felony DUI it is probably because you were involved in an accident that lead to you receiving the DUI. If this is the case it is very important that you speak with a criminal defense attorney right away as this can be a serious case with lasting consequences. If you are convicted of a felony DUI every DUI you receive after that can also be charged as a felony.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Firm of Aaron Bortel Esq.
A first DUI that does not involve any injury will be a misdemeanor. If there is an injury the DA can charge a Felony on a first DUI. The injured can even be someone in your car to make it a felony. Also, a 4th DUI within 10 years in California will be charged as a felony. The prior DUI's don't all have to be from California.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Thomas F. Mueller
No. It is almost always a Misdemeanor. Only if it involves an accident where there are serious injuries or death is it charged as a Felony.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Matthew Murillo
No. It's only a felony on a first offense if there was any kind of injury.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Jason Overton, Attorney at Law
No, the fourth is.
Answer Applies to: Alabama
Replied: 8/11/2011
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Answer Applies to: Alabama
Replied: 8/11/2011
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Answered By: Law Office of Martina Vigil
Generally, a first time DUI is a misdemeanor; so is the second one. Unless there were injuries involved or multiple past DUI convictions it is a misdemeanor.
Answer Applies to: California
Replied: 8/11/2011
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Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Joe Dane
Absolutely not unless there was a collision with injuries to anyone but the person charged with DUI. A first time, routine DUI is a misdemeanor.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
No. In fact, 99% are misdemeanors. Only when you caused a serious accident/injury will a first DUI be filed as a felony.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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