When Does DUI Become a Felony in Nevada County?
While most DUI arrests in Nevada City are prosecuted as misdemeanors, certain circumstances elevate the charge to a felony. Understanding these circumstances is the first step in mounting an effective defense:
Fourth Offense DUI (VC § 23550)
Any DUI arrest when you have three prior DUI convictions within the previous 10 years automatically becomes a felony, regardless of whether anyone was injured or whether your blood alcohol content was barely over the limit.
Sentencing Range:
- State prison: 16 months, 2 years, or 3 years
- Fines ranging from $1,015 to $5,000
- Driver's license revocation for 4 years
- Mandatory 30-month DUI education program
- Habitual Traffic Offender designation
DUI Causing Bodily Injury (VC § 23153)
When your DUI accident results in any injury to another person—even seemingly minor injuries like whiplash or bruising—prosecutors can file felony charges. This is classified as a "wobbler," meaning it can be charged as either a felony or misdemeanor.
Potential Penalties:
- Base sentence: 16 months to 3 years state prison
- Additional 1-3 years for each injured person
- Extra 3-6 years if great bodily injury occurred
- Fines up to $5,000 plus victim restitution
- 5-year driver's license revocation
- Possible strike on your criminal record
DUI Resulting in Death
When a DUI accident causes someone's death in Nevada City or Nevada County, you face the most severe charges possible:
Charges May Include:
- Gross Vehicular Manslaughter (VC § 191.5(a)): 4, 6, or 10 years in state prison when the prosecution proves gross negligence
- Vehicular Manslaughter (VC § 191.5(b)): 16 months, 2, or 4 years when ordinary negligence is proven
- Watson Murder (PC § 187): 15 years to life if you have a prior DUI with a Watson advisement warning
Prior Felony DUI Conviction
If you were previously convicted of felony DUI and are arrested for any new DUI within 10 years, that subsequent DUI is automatically charged as a felony, even if it would otherwise qualify as a first or second offense.
This means: One felony DUI conviction can haunt you for a decade, turning what would be simple misdemeanors into serious felonies.
Nevada County Superior Court
All felony DUI cases arising in Nevada City are prosecuted by the Nevada County District Attorney and tried in:
Nevada County Superior Court201 Church Street
Nevada City, California 95959
Court Phone: (530) 265-1221
My office is located just blocks from the courthouse. Over 25 years of practice in this very courthouse means I know the local judges, understand how Nevada County prosecutors handle felony cases, and have established relationships that benefit my clients throughout the legal process.
⚠️ CALIFORNIA THREE STRIKES LAW WARNING
When your felony DUI involves great bodily injury to another person, it qualifies as a "strike" under California's Three Strikes sentencing law. This has devastating long-term consequences:
- Second Strike: Any future felony conviction automatically doubles the prison sentence you would otherwise receive
- Third Strike: A third felony conviction means mandatory 25 years to life in prison, regardless of what that third felony is
- Permanent Record: Strike convictions remain on your record forever and cannot be expunged or dismissed
- No Dismissal: Prosecutors cannot dismiss or plea bargain away a strike conviction once it's on your record
This makes it absolutely critical to avoid a strike conviction at all costs. The difference between "great bodily injury" and simple injury can mean the difference between a clean record and a life sentence decades from now.
Life-Altering Consequences of Felony DUI Conviction
The consequences of a felony DUI conviction extend far beyond prison walls and fines. A felony conviction fundamentally changes your life in ways that many people don't fully understand until it's too late:
Employment & Career Destruction
- Job Loss: Most employers immediately terminate employees upon felony conviction, especially when the felony involves driving or alcohol
- Professional Licenses: Lawyers, doctors, nurses, dentists, real estate agents, contractors, and other licensed professionals face license suspension or permanent revocation
- Background Checks: Felony convictions appear on every background check forever, making it nearly impossible to find quality employment
- Career Limitations: Many careers are permanently closed to convicted felons, including law enforcement, education, healthcare, finance, and government positions
- Commercial Driver's License: Felony DUI means permanent disqualification from holding a CDL, ending trucking or transportation careers
Housing & Living Situation
- Rental Applications: Landlords routinely deny applications from convicted felons, making it difficult or impossible to find housing
- Public Housing: Felony convictions can disqualify you from public housing assistance when you need it most
- Mortgage Approval: Banks are far less likely to approve home loans for convicted felons
Civil Rights & Personal Freedom
- Firearm Rights: California law permanently prohibits convicted felons from owning, purchasing, or possessing firearms or ammunition
- Voting Rights: You cannot vote while incarcerated or on parole, though rights are restored after completing your sentence
- Jury Service: Felons are permanently disqualified from serving on juries
- Travel Restrictions: Many countries refuse entry to convicted felons, limiting international travel
Family & Personal Relationships
- Custody Battles: Felony convictions negatively impact child custody and visitation determinations
- Family Separation: State prison sentences mean years away from your spouse, children, and family
- Immigration Status: Non-citizens face deportation, denial of naturalization, and permanent inadmissibility to the United States
- Social Stigma: The label "convicted felon" carries enormous social stigma that affects relationships, community standing, and self-esteem
Financial Devastation
- Direct Costs: Fines, fees, restitution, and legal costs can reach devastating amounts
- Lost Income: Years in prison mean zero income while bills continue to accumulate
- Victim Restitution: Courts order payment for all victim medical bills, lost wages, pain and suffering, and property damage—often hundreds of thousands of dollars
- Increased Insurance: If you eventually regain your license, insurance costs will be astronomical
- Reduced Earning Potential: Even after release, your earning potential is permanently diminished by your felony record
How I Defend Felony DUI Charges in Nevada City
Felony DUI cases are not simple. They require sophisticated legal strategies, expert witnesses, detailed investigation, and aggressive advocacy. Unlike misdemeanor DUI cases, you cannot simply plead guilty and hope for leniency—the stakes are too high, and prosecutors are too aggressive. Here's how I approach felony DUI defense:
1. Attack the Foundation: Challenge the DUI Evidence
Every felony DUI case still requires proof beyond a reasonable doubt that you were actually driving under the influence. I systematically attack the foundational evidence:
- Traffic Stop Legality: Did the officer have valid reasonable suspicion to stop your vehicle? Without legal justification, all evidence obtained must be suppressed under the Fourth Amendment
- Field Sobriety Tests: These tests are subjective, unreliable, and affected by numerous non-alcohol factors including injuries, medical conditions, nervousness, uneven pavement, weather conditions, and officer bias
- Breathalyzer Reliability: I obtain complete maintenance logs, calibration records, and training documentation for the specific breath testing device. Even minor violations of Title 17 regulations can invalidate results
- Blood Testing Procedures: Blood samples must follow strict chain of custody, proper storage temperatures, preservative levels, and testing protocols. I hire independent toxicologists to re-test samples and identify errors
- Rising Blood Alcohol: Your BAC may have been under 0.08% while you were actually driving but rose above the limit by the time you were tested—this is a complete defense
- Actual Physical Control: In accident cases, prosecutors must prove YOU were the driver. This can be surprisingly difficult when there were multiple people in the vehicle or witnesses are unavailable
2. Challenge Prior Convictions (Fourth DUI Cases)
To charge fourth DUI as a felony, the Nevada County District Attorney must prove three valid prior DUI convictions within 10 years. I meticulously investigate each prior conviction looking for weaknesses:
- Constitutional Violations: Were you represented by an attorney in each prior case? If you were convicted without counsel and without properly waiving your right to counsel, that conviction cannot be used to enhance your current charges
- Conviction Type: Was the prior actually a DUI conviction (VC § 23152) or was it reduced to wet reckless (VC § 23103.5) or dry reckless (VC § 23103)? While wet reckless counts as a prior, dry reckless does not
- Timing Issues: The 10-year period is measured from arrest date to arrest date, not conviction date. Even a few days can make the difference between misdemeanor and felony
- Out-of-State Convictions: The prosecution must prove that out-of-state convictions were for offenses substantially similar to California DUI. This requires careful legal analysis of the other state's statutes
- Juvenile Convictions: Certain juvenile adjudications may not qualify as priors for enhancement purposes
If I successfully invalidate even ONE prior conviction, your felony charge becomes a misdemeanor. This is the difference between state prison and local jail, between a felony record and a misdemeanor record.
3. Challenge Causation (Injury and Death Cases)
In DUI causing injury or death cases, it's not enough for prosecutors to prove you were intoxicated—they must also prove your intoxication was the proximate cause of the harm. This opens up powerful defense strategies:
- Independent Accident Reconstruction: I hire expert accident reconstructionists who analyze physical evidence, vehicle damage, skid marks, road conditions, and witness statements to determine the actual cause of the accident
- Victim/Third Party Fault: Did the injured party cause or contribute to the accident by violating traffic laws, jaywalking, sudden lane changes, or other dangerous conduct?
- Unavoidable Accident: Would the accident have occurred regardless of whether you had consumed any alcohol? Some accidents are simply unavoidable
- Mechanical Failure: Brake failure, tire blowouts, steering malfunctions, or other vehicle defects can cause accidents unrelated to driver impairment
- Road Hazards: Poor road design, inadequate signage, construction zones, debris, potholes, inadequate lighting, or dangerous curves can cause accidents
- Medical Emergency: Did you suffer a heart attack, stroke, seizure, diabetic emergency, or other medical crisis that caused the accident?
If I create reasonable doubt about whether your intoxication caused the injury, you may only be convicted of simple DUI (a misdemeanor) rather than felony DUI causing injury. This is the difference between prison and probation.
4. Negotiate Felony Reduction to Misdemeanor
For "wobbler" offenses (primarily DUI causing injury), I negotiate aggressively with Nevada County prosecutors to reduce felony charges to misdemeanors. Factors that support reduction include:
- Minor or soft tissue injuries only (bruising, whiplash, sprains)
- Injured party does not wish to see harsh prosecution
- Significant weaknesses in the prosecution's evidence
- Your lack of criminal history and good character
- Mitigating circumstances surrounding the incident
- Your cooperation with law enforcement and acceptance of responsibility
- Successful completion of alcohol treatment program prior to trial
5. Fight for Probation Instead of State Prison
Even in cases where conviction is likely, I work to persuade the judge to grant probation with county jail time rather than state prison:
- First-time felony offender status
- Strong community ties in Nevada City and Nevada County
- Stable employment history and current employment
- Family support and responsibilities
- Completion of residential treatment program
- Payment or payment plan for victim restitution
- Character letters from employers, family, clergy, and community members
- Evidence of genuine remorse and rehabilitation
Probation means serving time in county jail (often with work release or weekends) while remaining connected to your job, family, and community. This is exponentially better than years in state prison.
What You Must Do Immediately After Felony DUI Arrest
TAKE ACTION NOW – TIME IS CRITICAL
Every hour matters after a felony DUI arrest. Evidence disappears, witnesses become unavailable, memories fade, and the prosecution builds its case against you. Follow these critical steps:
- Invoke Your Right to Remain Silent: After a felony DUI arrest (especially with injury or death), police will aggressively interrogate you. Do NOT answer questions about where you were, what you drank, when you drank, or anything about the accident. Politely state "I am invoking my Fifth Amendment right to remain silent and I want to speak with my attorney." Then STOP TALKING.
- Hire an Attorney BEFORE Your Arraignment: Don't wait for the court to appoint a public defender. The earlier I'm involved, the more I can do to protect your rights, preserve evidence, and begin building your defense.
- Request DMV Hearing Within 10 Days: You have only 10 days from your arrest to request a DMV administrative hearing to fight your license suspension. This hearing is SEPARATE from your criminal case. Miss this deadline and your license is automatically suspended.
- Preserve Evidence Immediately: If possible, photograph your vehicle, the accident scene, road conditions, traffic signs, and any visible injuries you sustained. This evidence may be crucial to your defense.
- Avoid Social Media Completely: Prosecutors routinely monitor defendants' social media accounts. Do NOT post anything about the case, about alcohol, about your activities, or anything that could be misconstrued. Consider deactivating your accounts temporarily.
- Do Not Discuss the Case: Do not talk about your case with anyone except your attorney. Conversations with friends, family, cellmates, and coworkers are NOT privileged and can be used against you in court.
Frequently Asked Questions About Felony DUI
What makes a DUI charge a felony in Nevada County?
A DUI becomes a felony in Nevada County under several circumstances: when it's your fourth DUI offense within 10 years, when your DUI causes injury to another person, when someone dies as a result of your DUI, or when you have a prior felony DUI conviction and get arrested for DUI again. Each scenario carries severe penalties including potential state prison time.
How long could I go to prison for felony DUI in Nevada City?
Prison sentences vary significantly based on the specific felony DUI charge. A fourth DUI carries 16 months to 3 years. DUI causing injury ranges from 16 months to 3 years, plus additional time for each injured victim and potential enhancements for great bodily injury. Gross vehicular manslaughter while intoxicated carries 4 to 10 years. Watson murder (DUI causing death with prior DUI) can result in 15 years to life in state prison.
Can I avoid prison even if convicted of felony DUI?
Possibly, but it requires strong advocacy. For first-time felony offenders with significant mitigation, judges sometimes grant probation with county jail time instead of state prison. Success depends on factors including the severity of the offense, whether anyone was seriously injured, your criminal history, community ties, completion of treatment, and the quality of your legal representation. The prosecution will push hard for prison, so you need an experienced attorney fighting equally hard for probation.
Can felony DUI charges be reduced to misdemeanors in Nevada County?
Yes, in certain cases. DUI causing injury is considered a "wobbler" offense, meaning prosecutors or judges have discretion to charge or reduce it to a misdemeanor. Factors that support reduction include the severity of injuries, strength of evidence, your criminal history, and quality of legal representation. An experienced attorney can negotiate for reduction by identifying weaknesses in the prosecution's case or presenting strong mitigation evidence. Fourth DUI and DUI causing death are more difficult to reduce but may be possible through aggressive motion practice attacking prior convictions or causation evidence.
What is a Watson advisement and why does it matter?
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 that if you kill someone while driving drunk in the future, you can be charged with murder rather than manslaughter. If you received this warning in a prior DUI and now face DUI causing death, prosecutors can charge you with second-degree murder carrying 15 years to life in prison. This is why taking every DUI seriously—even a first offense—is absolutely critical.
Will felony DUI count as a strike under California's Three Strikes law?
Felony DUI counts as a strike under California's Three Strikes law only if it involved great bodily injury to another person. A strike conviction means any subsequent felony results in double the normal sentence, and a third strike mandates 25 years to life in prison. Even if injuries seem minor, prosecutors may allege great bodily injury. The difference between simple injury and great bodily injury can literally be the difference between walking free and dying in prison decades from now, making experienced legal defense absolutely critical.
What happens to my driver's license with felony DUI?
Felony DUI convictions result in lengthy license revocations. Fourth DUI means 4-year revocation. DUI causing injury means 5-year revocation. DUI causing death can mean lifetime revocation. Additionally, you'll likely be designated a Habitual Traffic Offender, which means any driving on a suspended license becomes a separate felony. You may eventually be eligible for a restricted license with an ignition interlock device, but only after serving a substantial portion of your revocation period.
Can I get a felony DUI conviction expunged from my record?
California allows some felony convictions to be dismissed under Penal Code § 1203.4 after successful completion of probation. However, "expungement" in California doesn't truly erase your conviction—it simply changes your plea to not guilty and dismisses the case. You still must disclose the conviction when applying for most professional licenses, government jobs, and when asked on applications if you've ever been convicted of a felony. Additionally, the conviction still counts as a prior if you're arrested for DUI again. True expungement is not possible, which is why avoiding the felony conviction in the first place is exponentially better.
What if the injured person doesn't want to press charges?
In California, victims don't "press charges"—the District Attorney does on behalf of the State of California. Even if the injured person explicitly states they don't want prosecution or don't want you to go to prison, the DA can still proceed with felony DUI charges. However, a cooperative victim who doesn't desire harsh punishment can be powerful mitigation that I use in negotiations with prosecutors and at sentencing to argue for reduced charges or probation instead of prison.
Will I lose my job if convicted of felony DUI?
Almost certainly. Most employers have policies requiring immediate termination upon felony conviction, especially when the felony involved driving (which creates liability issues) or alcohol. Professional licenses including medical licenses, nursing licenses, law licenses, real estate licenses, and contractor licenses are typically suspended or permanently revoked following felony convictions. This employment devastation is precisely why avoiding a felony conviction is critical. Even if you must plead guilty to something, a misdemeanor conviction preserves your employment and professional licenses far better than a felony.
Get Experienced Felony DUI Defense Today
You're facing the fight of your life. Felony DUI charges in Nevada City and Nevada County threaten your freedom, your family, your career, and your entire future. State prison is a real possibility. A permanent felony record will follow you forever. The consequences are devastating and irreversible.
But remember: charges are not convictions. With aggressive, experienced legal defense, many felony DUI cases can be reduced to misdemeanors, dismissed entirely, or successfully defended at trial. I've been defending criminal cases in Nevada County Superior Court for over 25 years. I know the judges, the prosecutors, the local procedures, and most importantly, I know how to win.
Don't face this alone. Don't trust your freedom to an inexperienced attorney. Don't wait another day while evidence disappears and the prosecution builds its case. Call me now at 530-265-0186 for an immediate consultation about your felony DUI case.
About Attorney Michael Phillips
I've dedicated my career to criminal defense, with particular focus on serious DUI cases in Nevada County. My experience includes:
- 25+ years practicing criminal defense law
- Hundreds of DUI cases handled in Nevada County Superior Court
- Extensive jury trial experience in felony cases
- Working relationships with local judges and prosecutors
- Network of expert witnesses including accident reconstructionists, toxicologists, and medical professionals
- Successful track record of reduced charges, dismissed cases, and probation instead of prison
My office is located in Nevada City, just steps from the courthouse, allowing me to respond quickly to client needs and appear in court efficiently. I handle felony DUI cases throughout Nevada County including Nevada City, Grass Valley, Penn Valley, Truckee, and surrounding communities.
Time is absolutely critical in felony DUI cases. Evidence disappears. Witnesses become unavailable. Memories fade. The prosecution works aggressively to build its case against you. Every day you wait is a day lost. Contact my office immediately for a consultation about your felony DUI charges.