Is a DUI a Felony or a Misdemeanor?

Many people ask whether a DUI in California is a Felony or a Misdemeanor. Most DUI’s in California are Misdemeanors; however there are three ways that a DUI can become a Felony DUI. The most common way to get a DUI charged as a felony is if someone other than the driver is injured in a collision caused by the DUI driver.  The two less common ways are a fourth offense DUI (within 10 years), or anyone who has been convicted of a felony DUI will be charged with a felony for any subsequent DUI they commit within 10 years.

The big issue with these cases now days, is that the accident victims tend to claim personal injury for purposes of recovering damages in a civil claim. This puts the DUI defendant in a predicament because it exposes them to potentially facing felony charges. Someone who is convicted of a felony DUI faces a term of 16, 24, or 36 months in State Prison. An experienced DUI attorney is a must, in these cases, because of the impact they can provide. These cases can potentially be reduced to misdemeanors, or at the very least a prison sentence may be avoided.

Some prosecutors may decide to file a certain case as a felony, where a different prosecutor may believe that the same case should be a misdemeanor. The bottom line is that they have a lot of discretion in deciding how to file these cases. An experienced DUI attorney knows how important it is to intervene immediately with the prosecutor and attempt to provide them with additional information to convince them charges should be filed as a misdemeanor.

Felony DUI’s should only be handled by attorneys that are very experienced in DUI defense because not only do the stakes go way up, but so does the impact that a good attorney can have on the prosecuting agency.

19 Year Old That Caused Crash in Van Nuys Suspected of DUI

According to law enforcement, a 19 year old suspected of drunk driving ran a red light early Tuesday morning and crashed into an SUV, which flipped over and landed on top of a minivan. Five people were injured including two in serious condition.

A little after midnight, the driver of a Volkswagen Passat ran a red light in the intersection of Van Nuys and Victory and slammed into a Chevy Trailblazer, which in turn flipped over and landed on top of a minivan. Passengers of the minivan had to be extracted by firefighters using heavy equipment.

The driver has yet to be identified, but was allegedly speeding and under the influence of alcohol. A blood test was most likely conducted at the hospital where the driver is being treated and will aid law enforcement in identifying whether the 19 year old was a DUI driver.

Because the driver is under 21, they fall under California's zero tolerance laws, and does not have to be driving with a blood alcohol level of .08% to be charged with a DUI.

For more information on what you can do if you have been arrested or convicted of a DUI, please visit www.MironerLaw.com.

DUI Patrols Planned in Adams & Lancaster Counties

Roving DUI patrols are scheduled to commence in Adams and Lancaster counties for St. Patrick's Day weekend from Friday, March 13th to Sunday, March 15th, according to the Center for Traffic Safety.

More police enforcement is planned for the following week, including sobriety checkpoints, which will be announced later in the week.

For more information on what to do if arrested for a DUI in Adams and Lancaster County, visit www.MironerLaw.com or call 818.936.2140.

DUI Checkpoints in Oxnard This Weekend

March 6, 2015 - The Oxnard police will be conducting DUI checkpoints on Saturday from 8:00 pm to 3:00 am Sunday at various locations throughout the city. Suspected drivers under the influence will most likely be administered field sobriety tests, as well as tested for Blood Alcohol Content.

The police will be looking for signs of impairment, both from alcohol and drugs. If charged, an Oxnard DUI carries much stiffer penalties and fines than from a DUI in Los Angeles County.

Funding for this checkpoint is provided to the Oxnard Police Department by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration, authorities said.

For more information on what to do if arrested for a DUI in Ventura County, visit www.MironerLaw.com or call 805.334.0260.

DUI Checkpoint in Seal Beach

On Friday night, the Seal Beach Police will be conducting a DUI checkpoint on PCH from 6:00 pm to 3:00 am.

According to the police department, “crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized DUI checkpoints and proactive DUI patrols are conducted routinely.”

“Over the course of the past three years, DUI collisions have resulted in 26 injury crashes harming 36 of our friends and neighbors,” said Sergeant Steve Bowles.

The police will be looking for signs of driving under the influence of alcohol and/or drugs, and will most likely administer field sobriety tests if suspected of DUI.

For more information on what you can do if you have been arrested or convicted of a DUI, please visit www.MironerLaw.com.

DUI Checkpoints in Los Angeles During Super Bowl, AAA Offers Free Rides

Once again, the Super Bowl is upon us! Don't ruin a great day cheering for your team by spending the evening in jail because of you didn't plan your day and got a DUI.

Remember, the cops will be on high alert during Super Bowl weekend for drunk drivers throughout all of Los Angeles, so don't drive drunk. A DUI can be easily avoidable with careful planning.

Here are a few of the saturation patrols and DUI checkpoints this Super Bowl weekend:

Friday, Jan. 30
• Sobriety/Driver License Checkpoint from 8 P.M. to 2 A.M. on Lankershim Boulevard at Vanowen Street in North Hollywood.
• Sobriety/Driver License Checkpoint from 10 P.M. to 4 A.M. on Hollywood Boulevard at Gower Street in Hollywood.

Saturday, Jan. 31
• Sobriety/Driver License Checkpoint from 7 P.M. to 1 A.M. on Western Avenue at Slauson Avenue in 77th Street Area.
• Sobriety/Driver License Checkpoint from 8 P.M. to 2 A.M. on Oxnard Street at Laurel Canyon Boulevard in North Hollywood.
• Sobriety/Driver License Checkpoint from 8 P.M. to 2 A.M. on Cahuenga Boulevard at  Hollywood Boulevard in Hollywood.

Sunday, Feb. 1
• DUI Saturation Patrol from 4 P.M. to 12 A.M. in Central Bureau.
• DUI Saturation Patrol from 5 P.M. to 1 A.M. in Topanga area.
• DUI Saturation Patrol from 5 P.M. to 1 A.M. in 77th Street area.
• DUI Saturation Patrol from 7 P.M. to 3 A.M. in Wilshire area.


If you do get busted, here is information on sobriety tests you will encounter.

To make the best out of your weekend, plan alternative transportation to ensure a fun and safe Super Bowl weekend. “We encourage everyone to make a plan -- designate a sober driver ahead of time, contact a ride-sharing service, or use a taxi or public transportation,” Auto Club of Southern California Chief Executive Robert Bouttier. Once again, AAA offers a complimentary tipsy tow for intoxicated drivers. Here are other alternative transportation to avoid a DUI.

Plan your weekend accordingly, and keep the roads safe for you and others.

USC Defensive Lineman Don Hill Busted for DUI

Don Hill, defensive lineman for USC was arrested in Boise, Idaho early Saturday morning for a DUI. Hill whos is a native of Boise is only 19 years old and redshirted the 2014 season. Apparently, USC is aware of the circumstances regarding the freshman and is currently investigating.

In most states, a DUI for someone under 21 carries a much heavier penalty which can result in a mandatory license suspension of one year. It is yet unknown whether USC will place Hill under disciplinary actions.

Rapper Xzibit Charged with 2 Counts of DUI

Xzibit was charged with 2 counts of DUI and needs to face a judge for his plea.

Xzibit was arrested following his wedding reception in Laguna Beach, California in 2014. On the weekend of his wedding to Krista Joiner, he was stopped by authorities for speeding and later charged with a DUI after failing a Breathalyzer test. He was twice the legal limit at .14, according to TMZ.

According to the police, "the officer contacted the driver and smelled alcohol. This started a driving under the influence investigation which ended with the arrest of Alvin Nathaniel Joiner." He was cuffed and was taken to the station.

Xzibit will most likely pay a base fine of $390 - $1,000 and substantially increased by penalties and assessments. Usually, the prosecutor will allow a minimum base fine on a first offense DUI. His license will also be suspended beginning the day of his conviction as well as needing to complete a 3-month alcohol program called "AB541."

Free AAA Tipsy Tow offered by AAA on New Year's Eve

New Year's Eve is one of the worst times to drink and drive. Law enforcement is on high-alert, and will patrolling state-wide to catch DUI offenders. AAA's Tipsy Tow program offers a free tow for anyone drinking and needs a ride and tow home up to 7 miles. This offer is open to everyone. including non-AAA members.

All you need to do is call 800-400-4222 and say, "I need a Tipsy Tow." A driver will pick you up and tow your car home. The service will be available on Dec 31 from 6:00 pm to 6:00 am on Jan 1. Note that the service is available to drivers only. If you are a passenger, you will need to acquire alternate modes of transportation.

For more information, visit the AAA site here: http://ww1.calif.aaa.com/en-ca/driving-resources/Pages/tipsy-tow.aspx.

Start you new year right and drive safely. If you get arrested for a DUI, call 818.936.2140 right away.

New Ignition Interlock Bill to Affect All California DUI Offenders

Ignition Interlock Device

Redwood City - In an effort prevent repeat drunk driving offenders, state Sen. Jerry Hill is introducing legislation that will require convicted California DUI offenders to install a vehicle ignition interlock device. The law will affect first-time and repeat offenders, and will expand on pilot programs already in place in Alameda, Los Angeles, Sacramento and Tulare counties.

The pilot program requires vehicle ignition interlocks for five months for first-time DUI offenders and up to four years for repeat DUI offenders. Ignition interlock devices makes a driver first submit a breath sample before starting their car, then provide additional samples once they're driving.

It is expected to be unveiled at a news conference on Monday in Redwood City accompanied by representatives from Mothers Against Drunk Driving (MADD) and San Mateo and Santa Clara county law enforcement. "We believe it's a better approach than license suspension alone," according to the MADD's director of state govermental affairs, Frank Harris, who believes existing DUI alcohol programs are not sufficient. "It makes that offender prove his sobriety anytime he drives on California roads."

According to advocates ignition interlock laws have proven successful in Arizona, Louisiana, New Mexico and Oregon where DUI-related deaths have dropped by 35-43 percent.

Drunk Driver Injures 12 People Looking at Holiday Lights

Eleven people were rushed to hospitals after being struck and injured by a suspected drunk driver on Monday, Dec 15th. The victims were parked inside their vehicles while admiring a holiday light display in Alhambra when Ismael Soto struck two parked cars full of people with his pickup truck.

Soto was arrested under the suspicion of driving under the influence and driving without a license. This would potentially be his second DUI after a prior DUI conviction in October 2013.