Question

Is a DUI a misdemeanor in California?

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Ron Cordova - Criminal Defense - Super Lawyers

Answered by: Ron Cordova

Ron Cordova Attorney at Law
Irvine, CA
Phone: 949-748-3600
Fax: 949-748-3888

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Answer

Yes. A first-, second- and third-time DUI are misdemeanors, provided there are no injuries or deaths from an accident related to the DUI. If there is a death or serious injury, the DUI is a felony.

A fourth DUI in California can be charged as a felony if that DUI is charged within 10 years of the previous DUIs.

People often ask if they should submit to a blood test and if the blood test is constitutional. If you are arrested for DUI, the officer can easily get a warrant (known as a McNeely warrant after the 2013 Supreme Court case, Missouri v. McNeely).

It is in your best interest to work with an experienced, knowledgeable attorney to guide you through the legal maze and the DMV consequences. An experienced attorney knows when your rights have been violated and what actions to take to improve your situation. 

 

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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