Is driving under the influence (DUI) a wobbler in California? Some DUI charges are always prosecuted as misdemeanors, while a few serious DUIs are always treated as felonies. Others are considered wobblers. You may review the different types of DUI charges in California right here.
Understand the Definition of a Wobbler
You may not recognize the term “wobbler.” Wobbler is the term used to refer to criminal charges that can be prosecuted as either misdemeanors or felonies. The prosecution decides how to handle a wobbler offense. A few DUI charges in California are considered wobblers. DUI wobblers include:
- Vehicle Code 23153: DUI with Injury
- Penal Code 191.5 (b): Vehicular Manslaughter
In addition to these charges, you could face a wobbler if you have three previous DUI convictions on your record. A fourth DUI within 10 years may be considered a misdemeanor or a felony. Find out more about the specific charges you are facing.
Differences in Sentencing for Wobblers
You face different penalties if charged with a misdemeanor or a felony for a wobbler charge. Let’s review a DUI with injury accusation to clarify this point. Let’s say you are charged with misdemeanor DUI with injury. You may face the following penalties if you are convicted:
- Up to one year in jail
- Up to $5,000 in fines
- Up to 30 months in DUI school
- Up to six months use of an ignition interlock device (IID)
- Up to five years of probation
The penalties for a felony conviction could include the following:
- Up to ten years in prison
- Up to $5,000 in fines
- Up to 30 months in DUI school
- Up to three years use of an IID
Additionally, the court may label you a habitual traffic offender (HTO) for a felony conviction. You may also get a “strike” on your record. DUI convictions apply to California’s Three Strike Program. Keep this in mind if you are charged with a felony DUI.
Some California DUI Charges Are Always Misdemeanors
Not all DUI offenses in California are wobblers. In fact, many DUI charges are considered misdemeanors. You may face misdemeanor charges for “basic” DUIs. Generally, if you did not cause an accident that resulted in an injury or death, you face misdemeanor charges.
However, this may not apply if you have multiple DUI charges on your record. All DUIs in California are priorable. You may face felony charges if you have more than three DUI convictions within a 10-year period.
You face jail time, fines, and the use of an IID if you are convicted of a misdemeanor DUI. A lawyer may help you handle misdemeanor charges for a DUI.
You May Face Felony Charges for Some DUIs
Just as some DUI charges are always misdemeanors, some charges are always treated as felonies. Drivers face felony charges if accused of:
- Penal Code 191.5 (a): Gross Vehicular Manslaughter
- Penal Code 187: Second Degree Murder (Watson Murder)
These charges are serious. You only face these felony charges if someone died in a DUI-related accident. Drivers convicted of these charges could end up facing life in prison. You may also have to pay restitution to the surviving family of anyone who died in the accident.
Gross vehicular manslaughter and second-degree murder are not wobblers. They are felony-level offenses in California.
Handle DUI Wobblers With Legal Assistance
You may get legal help on your side if accused of a wobbler in California. Your lawyer may help you understand the specific charges you are facing for a DUI. A lawyer may investigate your case and monitor police officers as they try to build a case against you.
Your lawyer may focus on getting your charges reduced, especially if you are accused of a felony. You may accept a plea bargain to reduce your charges. A plea bargain requires you to admit guilt for a less severe charge.
Your case may go to court in some cases. A lawyer may defend you if you are accused of a misdemeanor or a felony in California. Find out more about your legal options after any DUI accusation by contacting a law firm.
Find Out if a DUI Is a Wobbler With a Lawyer
Some DUI charges in California are wobblers. You may get help handling either a misdemeanor or a felony DUI charge. Just reach out to the Simmrin Law Group for help. You may reach us after a DUI arrest. You may also complete our online contact form.
Reach out to us now for a free consultation about your case.