Practice area – Felony DUI
Charged with felony DUI in Riverside County?
Triggered by injury, death, or fourth offense within 10 years. State prison exposure. The stakes jump dramatically from misdemeanor DUI.
Available 24/7
What you’re facing
Felony DUI is triggered by one of four scenarios: causing injury to another person (VC 23153), causing death (vehicular manslaughter under PC 191.5 or Watson murder), fourth DUI within 10 years, or felony DUI prior. Base penalty under VC 23153: 16 months, 2, or 3 years state prison. Great bodily injury enhancement (PC 12022.7) adds 3-6 years. Vehicular manslaughter (PC 191.5): 4, 6, or 10 years. Watson murder (DUI causing death with prior DUI on record): 15 years to life. License revocation for 4-5 years. Restitution exposure can be enormous.
Defenses I build
Felony DUI cases are won at the elements. I challenge the underlying DUI evidence – traffic stop legality, breath and blood test calibration, field sobriety test administration. For DUI with injury, I dispute causation – was the DUI actually the cause of the alleged injury, or did other factors contribute? For Watson murder cases, I challenge the prosecution theory of implied malice. For fourth-offense felony DUIs, I attack the validity of prior convictions used to elevate the charge.
Felony DUI Case Results
Charged With
Felony DUI with Death – Facing State Prison
Outcome
Probation, No Custody Time
DUI – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
Placeholder
DUI – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
DUI – Riverside Co.
Charged With
Case result available on consultation
Outcome
Placeholder
DUI – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
DUI – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
DUI – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
DUI – Riverside Co.
Common Questions
What triggers a felony DUI charge?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
What is Watson murder?
Watson murder is a doctrine allowing a DUI causing death to be charged as second-degree murder if the defendant has prior DUI history showing knowledge of the risk. It is named after People v. Watson (1981). Penalty: 15 years to life – a Strike Offense and a homicide conviction. It applies when the defendant has prior DUI convictions or has signed a Watson admonition. Defense challenges focus on the implied malice element.
Can felony DUI be reduced to misdemeanor?
For DUI with Injury (VC 23153), yes – it is a wobbler. The prosecution can charge it as felony or misdemeanor, and PC 17(b) can reduce it after sentencing. Vehicular manslaughter and Watson murder are NOT wobblers – those are straight felonies. For felony DUI from fourth offense, reduction is theoretically possible but requires specific circumstances.
Types of Felony DUI Charges I Defend
Felony DUI charges come in several forms, each with its own elements and exposure profile.
DUI with Injury (VC 23153)
Wobbler. Felony version: 16 months, 2, or 3 years state prison.
Vehicular Manslaughter (PC 191.5)
DUI causing death. Gross: 4, 6, or 10 years. Ordinary: 16 months, 2, or 3 years.
Watson Murder
DUI causing death with prior DUI history showing knowledge of risk. 15 years to life. Strike.
4th DUI within 10 Years
Automatically charged as felony. Up to 3 years state prison.
DUI with Felony Prior
Any new DUI with a prior felony DUI on record can be charged as felony.
Great Bodily Injury Enhancement
PC 12022.7. Adds 3-6 years to underlying felony DUI sentence.
License Consequences
Mandatory license revocation 4-5 years. APS hearing required within 10 days.
The Watson Doctrine
Watson murder is a doctrine where a DUI causing death can be charged as second-degree murder if the defendant has a prior DUI history. Critical factors:
- Defendant has prior DUI conviction(s) or has signed a Watson admonition
- Prosecution must prove implied malice – the defendant knew of the risk and acted with conscious disregard
- Once Watson murder is filed, the case is treated as a homicide – 15 to life, Strike Offense
- Defense challenges focus on the implied malice element and the validity of prior admonitions
If you have prior DUI history and are facing a fatal DUI accident, Watson murder is on the table. Engaging defense counsel before the prosecution makes a charging decision is critical.