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Specifically, DUI is charged as a felony if an individual already has three prior misdemeanor convictions within a ten-year period. Besides that, killing or injuring someone while driving under the influence of alcohol or drugs is also charged as a felony.
In California, a DUI can be charged as a felony under some situations, such as causing an injury. As noted, driving under the influence of intoxicants is ordinarily a California misdemeanor under Vehicle Code 23152 VC.
A first DUI conviction can be penalized with a stiff fine, probation, a driver's license suspension, alcohol education classes, and for some offenders, time in jail. But in most circumstances, a DUI charge is a misdemeanor in California, and a convicted offender will not serve time in prison.
In the context of an impaired driving offense, a misdemeanor DUI is typically charged for a first-time DUI offense without any aggravating circumstances such as having a minor child in the car, injuring or killing another person, or having prior DUI convictions.
Most DUI charges in California get charged as misdemeanors, even if it isn't a first-time offense. Typically, a first, second and third DUI with no aggravating factors will be charged as misdemeanors.