Is a DUI considered a felony or a misdemeanor?
In the state of California, a DUI (driving under the influence) is usually considered a misdemeanor. However, the severity of the offense can affect the classification of conviction, and can potentially be classified as a felony. Factors that can be taken into account include the driver’s blood alcohol concentration, the presence of minors in the car, any past DUI convictions, whether or not an accident occurred, and if any property was damaged or destruction of property occurred. If convicted as a felony DUI, the driver is faced with more significant consequences than if it was treated as a misdemeanor. These include longer jail sentences, higher fees, long-term license suspension and license revocation. In addition, a felony DUI can have long-term impacts, such the inability to apply for certain forms of employment and the inability to own or carry a firearm. Depending on the circumstances, a person convicted of a DUI can receive either a misdemeanor or felony on their record. Ultimately, determining the classification of a DUI depends on the facts of the case and the decision of the court.
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