Is DUI a Felony in California?

By Joseph Tully

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DUI

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Last Modified on Oct 20, 2025

Being charged with driving under the influence (DUI) can be enough to cause serious problems throughout your life. It can make people look at you differently and cause far-reaching consequences that can make life difficult for you. A criminal conviction can impact your job, hurt your social standing, and even fracture your personal relationships. Depending on the facts of your case, you may be wondering: Is DUI a felony in California? It can be.

If you are facing DUI charges that are potentially bad enough to be seen as a possible felony, you will want to make sure you hire the right kind of experienced lawyer to help you through this. A DUI attorney’s help can often prove to be invaluable as you deal with the legal and social fallout of such charges. You will want someone with extensive experience handling DUI cases like yours, as well as someone who understands the California DUI laws as they relate to your case.

Why Should You Hire a DUI Lawyer?

There are many reasons to hire a DUI lawyer. Above all, you want to secure a chance to defend yourself. Getting arrested can make you feel like you’ve already lost, but that’s not the case. You are always innocent until proven guilty, and a good lawyer can give you the opportunity to beat the charges and walk away from this. At Tully & Weiss, we have considerable trial experience and a track record of success that speaks for itself. We can help your case in many ways.

It’s important to keep in mind that DUI cases are not rare in the state of California. According to recent data from the California Department of Justice, there were over 5,200 arrests for felony DUIs throughout the state in 2024 alone. According to data from SafeTREC, nearly 1,500 people were killed in alcohol-related vehicular accidents throughout California in 2022. The court takes DUI cases very seriously, and it’s important to recruit the right legal help for your case.

If you are facing a potential conviction for a felony DUI charge, you may want to consider the events that led you here. Asking for help is not a weakness, and it may be good to speak with someone about your situation. You may want to reach out to a local alcohol-related support group like Alcoholics Anonymous or 4 Season Detox. It may be good to surround yourself with others who are going through something similar. It can help you accept certain hard truths.

Is DUI a Felony In California?

No, DUI is not an automatic felony in California. Most offenses are charged as misdemeanors unless there are certain aggravating factors present. According to California state law, certain demographics have a blood alcohol content (BAC) threshold they cannot move past. For most regular drivers, it’s 0.08%. For drivers under 21 years old, it’s 0.01%. For commercial truck drivers, it’s 0.04%. If you are pulled over and found to be drunk, you will be arrested.

Here are some potential situations that will likely lead to a DUI becoming a felony charge:

• Fourth offense or more: If you have three prior convictions of driving under the influence within a 10-year period, your fourth conviction will most likely be charged as a felony offense. Subsequent convictions will likely be treated as felony charges, too.
• Prior felony DUI: If you are being charged with a DUI and you already have a prior felony DUI conviction on your record, you will once again be charged with a felony DUI regardless of the circumstances of your current offense.
• Aggravating circumstances: One of the most common reasons a DUI could become a felony is if your current offense has certain aggravating circumstances. These include having a minor in your car at the time of the DUI or causing an accident that results in serious injury, death, or significant property damage.
• Suspended license: If you are pulled over for a DUI and found to have a suspended or revoked driver’s license, that can result in a felony charge.

FAQs

How Long Does a DUI Stay On Your Record in California?

A DUI stays on your driving record for 10 years in California, but it remains on your criminal record indefinitely. Your driving record is generally only visible to your insurance company and law enforcement agencies. Your criminal record has much more visible and permanent consequences. Depending on your situation, your conviction may be eligible for expungement after a certain amount of time. Your lawyer can help you determine your next move.

What Is the Punishment for a First Offense DUI in California?

The punishment for a first offense DUI in California depends entirely on the exact nature of the offense and whether or not the crime involved aggravating factors. Generally, a first offense DUI conviction will result in a significant fine, probation, a suspension of your driver’s license for several months, and mandatory DUI school. It’s possible you could face jail time, but it’s common for first offenders to be granted probation instead.

Does a DUI Show Up on a Background Check in California?

Yes, a DUI conviction will probably show up on a background check in California. It’s not uncommon for a DUI conviction to prevent you from being hired or securing housing. It’s a criminal offense, and it can put people off. California does have certain laws in place that can prevent employers from asking about criminal history before making a job offer, but employers may not always follow those laws. You may want to look into expungement.

Is a Second DUI Considered a Felony in California?

No, a second offense DUI is not considered a felony in California. Typically, it’s viewed as a misdemeanor offense, but if there are aggravating circumstances involved, it can easily be elevated to a felony offense. If your BAC was abnormally high at the time of the DUI or if you caused an accident that led to serious harm, you can be charged with a felony. Otherwise, the penalties may be slightly elevated from the penalties you’ll face for a first offense DUI.

Reach Out to Us Today

At Tully & Weiss Attorneys at Law, we can help you figure out the right move to challenge your DUI charge. Contact us to speak to a valued team member about your case.