What Makes a DUI a Felony in California?
Most DUI charges in Grass Valley are misdemeanors. However, your DUI becomes a felony under these circumstances in Nevada County:
Fourth DUI Within 10 Years
If you have three prior DUI convictions within the past 10 years (anywhere in the United States), your fourth DUI is automatically charged as a felony under Vehicle Code § 23550.
Penalties:
- 16 months, 2 years, or 3 years in state prison
- $1,015-$5,000 fines
- 4-year license revocation
- 30-month DUI program
- Permanent felony record
DUI with Injury (VC § 23153)
If anyone was injured in a DUI-related accident—even minor injuries—you can be charged with felony DUI causing injury. This is a "wobbler" that can be charged as misdemeanor or felony.
Penalties:
- 16 months, 2 years, or 3 years in state prison (base sentence)
- Additional 1-6 years for each injured victim
- $1,015-$5,000 fines plus restitution
- 5-year license revocation
- Habitual traffic offender status
- Possible "strike" if great bodily injury
DUI Causing Death (Vehicular Manslaughter / Murder)
If someone died as a result of your DUI in Grass Valley or Nevada County, you face the most serious charges:
- Gross Vehicular Manslaughter While Intoxicated (VC § 191.5(a)): 4, 6, or 10 years in state prison
- Vehicular Manslaughter While Intoxicated (VC § 191.5(b)): 16 months, 2, or 4 years in state prison
- Second-Degree Watson Murder: 15 years to life if you have a prior DUI conviction and were given a "Watson advisement" about the dangers of DUI
These are homicide charges, not just DUI. You need immediate, aggressive legal representation.
Prior Felony DUI Conviction
Any new DUI within 10 years of a previous felony DUI conviction is automatically charged as a felony, even if it would normally be a first or second offense.
Nevada County Superior Court Information
Felony DUI cases in Grass Valley and Nevada County are prosecuted by the Nevada County District Attorney's Office and heard at:
Nevada County Superior Court201 Church Street
Nevada City, CA 95959
Phone: (530) 265-1221
As a local attorney practicing in this courthouse for 25+ years, I have extensive experience with the judges, prosecutors, and court procedures specific to Nevada County felony DUI cases.
⚠️ THREE STRIKES WARNING
If your felony DUI involved great bodily injury to another person, it counts as a "strike" under California's Three Strikes law. This means:
- Any future felony conviction will result in DOUBLE the normal sentence
- A third strike means 25 years to life in prison
- The strike stays on your record forever
- This applies even if the injury wasn't your fault or was minor
Felony DUI Penalties in Nevada County
Felony DUI in Grass Valley is prosecuted by the Nevada County District Attorney's Office in Nevada County Superior Court. Penalties are severe and life-altering:
| Offense | Prison/Jail Time | Fines & Fees | License Impact |
|---|---|---|---|
| 4th DUI (No Injury) | 16 months - 3 years state prison | $1,015-$5,000+ fines | 4-year revocation, lifetime IID |
| DUI with Injury (Felony) | 16 months - 3 years (+ enhancements) | $1,015-$5,000 + victim restitution | 5-year revocation |
| DUI with Great Bodily Injury | + 3-6 years (enhancement) | $1,015-$5,000 + massive restitution | 5-year revocation + strike |
| Gross Vehicular Manslaughter | 4-10 years state prison | Up to $10,000 + restitution | Lifetime revocation possible |
| Watson Murder (2nd Degree) | 15 years to life | Up to $10,000 + restitution | Permanent revocation |
Additional Consequences of Felony DUI Conviction
Beyond prison and fines, a felony DUI conviction in Nevada County destroys your life in multiple ways:
- Permanent felony record: Follows you forever, visible on background checks
- Loss of gun rights: Felons cannot own or possess firearms in California
- Employment barriers: Most employers won't hire convicted felons
- Professional licenses: Doctors, nurses, lawyers, real estate agents, and others lose their licenses
- Housing discrimination: Landlords can deny rental applications based on felony convictions
- Immigration consequences: Non-citizens face deportation for felony DUI
- Parental rights: Felony conviction can affect custody and visitation
- Victim restitution: You may owe hundreds of thousands of dollars to injured victims
- Parole after prison: If sentenced to prison, you'll serve parole upon release with strict conditions
Defending Felony DUI Charges in Grass Valley
Felony DUI cases in Nevada County are complex and require aggressive, experienced defense. Unlike misdemeanor DUI, you cannot afford to plead guilty or accept the first plea offer. The stakes are too high. Here's how I defend felony DUI charges:
1. Challenge the Underlying DUI Evidence
Even in felony cases, the prosecution must still prove you were driving under the influence. I attack the foundational DUI evidence:
- Was the traffic stop legal? Without reasonable suspicion, all evidence must be suppressed
- Did you actually drive? In accident cases, proving who was driving can be difficult
- Was the breathalyzer properly calibrated? I obtain all maintenance and calibration records
- Were blood samples properly handled? Chain of custody, storage, and testing procedures must be perfect
- Rising blood alcohol defense: Your BAC may have been under 0.08% while driving
2. Challenge Prior DUI Convictions (4th DUI Cases)
For a 4th DUI to be charged as felony, the prosecution must prove three prior qualifying DUI convictions within 10 years. I investigate every prior conviction:
- Were you properly represented? If a prior conviction was without counsel, it may not count
- Were the priors valid DUI convictions? Some prior convictions may have been wet reckless or other non-DUI charges
- Are the priors within 10 years? The "washout" period is measured from arrest date to arrest date
- Were out-of-state convictions properly proven? The prosecution must prove equivalency to California DUI law
If I can invalidate even one prior conviction, your felony charge becomes a misdemeanor. This is the difference between state prison and probation.
3. Challenge Causation (Injury/Death Cases)
In DUI with injury or death cases, the prosecution must prove your intoxication CAUSED the harm. This requires expert analysis:
- Accident reconstruction: Independent experts can show the accident would have happened regardless of intoxication
- Victim fault: Did the victim cause the accident (ran red light, jaywalking, etc.)?
- Mechanical failure: Was the accident caused by brake failure, tire blowout, or other mechanical issue?
- Road conditions: Poor visibility, construction, potholes, or other hazards caused the accident
- Other driver negligence: Another driver caused or contributed to the accident
If I can create reasonable doubt about causation, you may be convicted only of simple DUI (misdemeanor) rather than felony DUI causing injury.
4. Negotiate Felony Reduction to Misdemeanor
For "wobbler" offenses (DUI with injury), I negotiate with the Nevada County DA to reduce the charge from felony to misdemeanor:
- Minimal injuries (soft tissue, bruising)
- Victim doesn't want prosecution
- Weaknesses in the evidence
- Your clean record and good character
- Exceptional circumstances or mitigating factors
A misdemeanor conviction avoids state prison, avoids a felony record, and preserves your future. This is often the best outcome in injury cases.
5. Fight for Probation Instead of Prison
Even if convicted of felony DUI, I can sometimes persuade the judge to grant probation with local jail time rather than sending you to state prison:
- First-time felony offender
- Strong community ties (job, family in Grass Valley)
- Completion of alcohol treatment program
- Victim restitution paid or payment plan in place
- Letters of support from employer, family, community
Probation allows you to serve your sentence in Nevada County Jail (with work release/weekends possible) and remain in the community rather than being sent to state prison.
What to Do If You're Arrested for Felony DUI
CRITICAL: Take These Steps Immediately
- Do NOT talk to police without a lawyer. After a felony DUI arrest (especially with injury or death), anything you say will be used against you. Politely decline to answer questions and request an attorney immediately.
- Do NOT post on social media. Prosecutors monitor social media. Any posts about the incident, alcohol, or your activities can be used as evidence.
- Preserve evidence. Take photos of your vehicle, the accident scene (if accessible), and any injuries you sustained. This evidence may support your defense.
- Request a DMV hearing within 10 days. Even though you're facing felony charges, you must still fight the DMV license suspension separately. Call me immediately to handle this.
- Hire an experienced felony DUI attorney immediately. Do not wait for your arraignment. The earlier I'm involved, the better I can protect your rights and build your defense.
Why Experience Matters in Felony DUI Cases
Felony DUI is not the time to hire an inexperienced attorney or represent yourself. These cases require:
- 25+ years criminal defense experience: I started my career as a criminal defense attorney and handled hundreds of DUI cases before focusing on serious DUI defense
- Nevada County court knowledge: I know the local judges, prosecutors, and how felony cases are handled in Nevada County Superior Court
- Trial experience: Many felony DUI cases go to trial. I have extensive jury trial experience and know how to win
- Expert witness network: Accident reconstructionists, toxicologists, and medical experts are essential in felony cases. I work with the best
- Negotiation skills: I've successfully negotiated felony reductions, dismissed charges, and minimized sentences in serious cases
- Understanding of sentencing: I know how to present mitigation evidence to judges to avoid prison time when possible
Frequently Asked Questions About Felony DUI in Nevada County
Can I avoid state prison for felony DUI?
Possibly. Some felony DUI defendants receive probation with local jail time instead of state prison, especially first-time felony offenders with strong mitigation. However, this requires aggressive advocacy and depends on the specific facts of your case, the judge, and whether anyone was seriously injured. The prosecution will push for prison—you need an attorney who fights back.
What if the person I injured doesn't want to press charges?
In California, victims don't "press charges"—the District Attorney does. Even if the injured person doesn't want prosecution, the DA can still proceed with felony DUI charges. However, a cooperative victim who doesn't want harsh punishment can be powerful mitigation that I use in negotiations and sentencing.
Can a felony DUI be reduced to a misdemeanor?
For "wobbler" offenses (DUI causing injury), yes—the DA or judge can reduce the charge to a misdemeanor. This is one of my primary goals in these cases. For 4th DUI or DUI causing death, reduction is much more difficult but may be possible through aggressive motion practice attacking prior convictions or causation evidence.
What if one of my prior DUIs was reduced to wet reckless?
Good question. A wet reckless conviction (VC § 23103.5) counts as a prior DUI for purposes of enhancing a new DUI to felony status. However, a dry reckless (VC § 23103 with no alcohol involvement) does NOT count. I carefully review all your prior convictions to determine what actually counts toward felony status.
Will I lose my job if convicted of felony DUI?
Probably. Most employers terminate employees convicted of felonies, especially if the felony involved driving (which affects insurance and liability). Professional licenses (medical, legal, real estate, etc.) are often revoked or suspended. This is why avoiding a felony conviction is critical. Even if you must plead guilty to something, a misdemeanor conviction preserves your employment and professional licenses.
What is a Watson advisement?
A Watson advisement (from People v. Watson) is a warning given during DUI sentencing that driving under the influence is extremely dangerous to human life, and if you kill someone while driving drunk in the future, you can be charged with murder. If you received this advisement in a prior DUI and now face DUI causing death, you can be charged with second-degree murder (15 years to life) rather than manslaughter. This is why hiring an experienced attorney for EVERY DUI—even a first offense—is critical.
Can I get a felony DUI expunged?
California allows some felony convictions to be "expunged" (dismissed under Penal Code § 1203.4) after successful completion of probation. However, expungement doesn't erase the conviction—it still must be disclosed to employers, professional licensing boards, and on gun ownership applications. Expungement is better than nothing, but avoiding the felony conviction in the first place is far better.
Don't Face Felony DUI Charges Alone
Felony DUI charges in Grass Valley and Nevada County are life-destroying if you're convicted. You're facing years in state prison, a permanent criminal record, loss of your career, and devastating consequences for your family. But charges are not convictions. With aggressive legal defense, many felony DUI cases can be reduced, dismissed, or successfully defended at trial.
Call me today at 530-265-0186 for an immediate consultation. Time is critical in felony cases—evidence disappears, witnesses' memories fade, and the prosecution is building its case against you right now. Don't wait.
Serving clients throughout Nevada County including Grass Valley, Nevada City, Penn Valley, Truckee, and surrounding communities. Contact our office or visit us at our Nevada City location.