Felony vs. Misdemeanor DUI in San Diego: What’s the Difference?
If you’ve been arrested for DUI in San Diego, one of the first questions you may have is whether you’re facing a misdemeanor or a felony charge. The difference is huge—not just in terms of potential jail time and fines, but also how the charge can impact your future.
What Is a Misdemeanor DUI in San Diego?
Most first-time DUI offenses in San Diego County are charged as misdemeanors. These usually involve:
- A blood alcohol content (BAC) of 0.08% or higher
- No accidents, injuries, or deaths involved
- No prior felony DUI convictions
Penalties for a misdemeanor DUI can include:
- Up to 6 months in county jail
- Fines and court fees totaling $1,800–$2,500
- A driver’s license suspension (often with eligibility for restricted license)
- DUI education classes (typically 3 to 9 months)
- Probation for 3–5 years
- Possible ignition interlock device (IID) requirement
For many people, the biggest concerns are losing their driver’s license and having a criminal record. But the good news is that misdemeanor DUIs can often be negotiated, reduced, or even dismissed with the help of an experienced DUI defense attorney.
When Does a DUI Become a Felony in San Diego?
A DUI is typically charged as a felony in California under certain aggravating conditions. In San Diego, felony DUI charges may apply if:
- It’s your fourth DUI offense within 10 years
- You caused injury or death to another person while driving under the influence
- You have a prior felony DUI conviction on your record
Felony DUI charges carry significantly harsher penalties, including:
- 16 months to 3 years in state prison (more if injuries/deaths occurred)
- A struck felony under California’s three strikes law (in some cases)
- Thousands of dollars in fines and court costs
- A lengthy license suspension or permanent revocation
- Mandatory alcohol education and rehabilitation
- Formal probation or parole
How San Diego Courts Handle These Cases
San Diego County courts (including the downtown courthouse, Vista, El Cajon, and Chula Vista locations) are tough on DUI—but each case is unique. Local prosecutors will look at:
- Your BAC level
- Whether minors were in the vehicle
- Whether anyone was injured
- Your prior DUI history
- Circumstances of the arrest
Having a local DUI lawyer who knows the San Diego court system, judges, and prosecutors can make a major difference in how your case is handled.
Why You Need an Experienced San Diego DUI Lawyer
Whether you’re facing a misdemeanor or felony DUI in San Diego, the consequences can be serious—and permanent. That’s why it’s crucial to speak with a DUI defense attorney who can:
- Challenge the legality of your traffic stop or arrest
- Review breath/blood test results for errors or violations
- Negotiate reduced charges or alternative sentencing
- Defend your rights in court and at the DMV hearing
Rick Mueller, one of San Diego’s top DUI lawyers, has helped hundreds of clients fight DUI charges across San Diego County. Every case is different, and he’ll give yours the attention it deserves.
Felony vs. Misdemeanor DUI in San Diego: What’s the Difference?