San Diego Misdemeanor DUI vs Felony DUI

DUI cases in San Diego are charged as either a misdemeanor (California Vehicle Code section 23152) or a felony (California Vehicle Code section 23153). If it is your first, second or third offense with no enhancements then you will probably be charged with misdemeanor DUI. However, if you were involved in an accident or caused bodily injury to someone else or if it is your fourth DUI offense then you will probably be charged with felony DUI. An experienced San Diego DUI lawyer will be able to tell what the most likely charge you face will be after evaluating your particular case.

Obviously, the penalties associated with a felony DUI in San Diego are far greater than those associated with a misdemeanor DUI, including bigger fines, longer license suspension and longer jail sentences. But it may be possible for your San Diego DUI attorney to plea bargain your charge down from a felony to a misdemeanor. Another big difference between being charged with misdemeanor DUI and felony DUI is that if you are convicted of felony DUI and you caused bodily injury to another then you are liable to pay restitution to the victims. The amount of this restitution will be set at a separate restitution hearing and may or may not be covered by your insurance, leaving potential for a huge settlement against you.