Is a second DUI a felony charge?
Is a second DUI a felony charge?
Law Office of Joe Dane
| Joe Dane
Orange, CA
Orange, CA
A standard second DUI is a misdemeanor unless: The first was a felony or there are injuries in the new case. A fourth DUI within 10 years is a felony.
Answer Applies to: California
Replied: 10/5/2011
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: 10/5/2011
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: Jacob P. Sartz IV., Attorney at Law
It can be under certain circumstances. It depends on your state, the facts of the alleged offense, and other issues. Anyone charged with a OUI should consult with an attorney.
Answer Applies to: Michigan
Replied: 11/1/2011
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Answer Applies to: Michigan
Replied: 11/1/2011
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Answered By: Law Office of Edward J. Blum
Depends on whether there was an injury accident. If not, then no.
Answer Applies to: California
Replied: 10/21/2011
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Answer Applies to: California
Replied: 10/21/2011
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 Peter F. Goldscheider
Only if there is an accident with injuries or possibly if the first one was a felony.
Answer Applies to: California
Replied: 10/9/2011
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Answer Applies to: California
Replied: 10/9/2011
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 Tracey S. Sang
Not per se, generally it's not a felony until a fourth. However, any DUI can be charged as a felony if there is injury.
Answer Applies to: California
Replied: 10/8/2011
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: 10/8/2011
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
It is only a felony if there was an accident with an injury or there was a prior felony DUI conviction. Still, the penalties from court and the DMV are greater with every new conviction.
Answer Applies to: California
Replied: 10/6/2011
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Answer Applies to: California
Replied: 10/6/2011
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 Eric Sterkenburg
A second offense DUI is not a felony. What you may expect for punishment is the following; Second offense dui (1 prior within 10 years) 3-to-5 years Informal Probation, 96-hours minimum mandatory jail and up to one year jail maximum may be imposed. COURT FINES: Minimum $390.00 fine to maximum of $1000.00 however the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. Attendance at 18-month Multiple Offender Program (MOP) required You may have Impound Vehicle up to 30-days if owned by defendant, Ignition Interlock Device for up to 3-years Increased penalties may include; Refusal/Forced BloodMandatory additional 96 hours Jail, Passenger in Vehicle Under Age 14Mandatory additional 10 days Jail, Speeding = 30 mph on Freeway or = 20 mph on Street or HighwayMandatory additional 60 days Jail.
Answer Applies to: California
Replied: 10/6/2011
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Answer Applies to: California
Replied: 10/6/2011
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 Tina M Barberi
Normally a second time DUI (within 10 years) is a misdemeanor unless the previous DUI was a felony or this DUI involves an injury.
Answer Applies to: California
Replied: 10/5/2011
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: 10/5/2011
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: Kenneth M. Hallum, Attorney at Law
A straight DUI, second offense, is generally a misdemeanor. However if there were an accident with injury then it could be a felony. Compare: The general misdemeanor section; 23152 VC (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. The general felony section; 23153. (a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately *causes bodily injury to any person other than the driver*. (b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately *causes bodily injury to any person other than the driver*.
Answer Applies to: California
Replied: 10/5/2011
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: 10/5/2011
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, unless the DUI resulted in a victim being injured or killed.
Answer Applies to: California
Replied: 10/5/2011
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: 10/5/2011
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, unless someone was injured or killed.
Answer Applies to: California
Replied: 10/5/2011
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: 10/5/2011
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
Only if someone was injured. In either case, you should seek counsel.
Answer Applies to: California
Replied: 10/5/2011
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: 10/5/2011
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: San Diego DUI Law Center
Only if the first DUI was a felony or only if there was an accident with injuries in the second case.
Answer Applies to: California
Replied: 10/5/2011
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: 10/5/2011
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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