Los Angeles Wobbler DUI Attorney

In California, certain criminal offenses, known as "wobblers," can be charged as either a misdemeanor or a felony, depending on the specifics of the case and the defendant's prior criminal record. Driving Under the Influence (DUI) is one such offense in Los Angeles, carrying significant implications for those accused. A misdemeanor DUI typically involves penalties like fines, alcohol education programs, and potential jail time, while a felony DUI can lead to state prison sentences, extensive probation, and the loss of certain civil liberties. If you are facing a wobbler DUI charge in Los Angeles, it is crucial to seek legal counsel from an experienced attorney immediately. A skilled DUI attorney can help present your case in the most favorable light and potentially persuade prosecutors to file the charges as a misdemeanor instead of a felony.

A wobbler DUI in Los Angeles arises in specific situations where the prosecuting attorney has the discretion to charge the offense as either a misdemeanor or a felony. These situations commonly include:

• DUI Causing Injury: When a DUI results in bodily injury to another person.
• Multiple Prior DUI Convictions: Typically, having three or more prior DUI convictions within ten years can elevate a subsequent DUI to a felony.
• Vehicular Manslaughter: Involvement in an accident causing fatal injuries while driving under the influence can lead to wobbler charges.

California law grants prosecutors considerable leeway in these cases. The ultimate charging decision often hinges on the severity of the alleged conduct, the extent of any injuries sustained, and the accused driver's prior criminal and traffic history.

While the majority of DUI cases in Los Angeles are prosecuted as misdemeanors, specific factors can elevate a DUI to a felony or a wobbler. A felony DUI conviction can have profound and long-lasting consequences, including time in state prison, strict probation conditions, and a felony record that can negatively impact future employment opportunities and professional licensing. Although still serious, a misdemeanor DUI generally carries less severe penalties, such as county jail time, fines, and alcohol programs. It's important to note that some DUI offenses are "straight felonies," meaning they can only be charged as felonies, while others are wobblers, offering the prosecution discretion in charging.

Several sections of the California Penal Code and Vehicle Code are particularly relevant to Wobbler DUI offenses:

California Vehicle Code Section 23550 VC addresses individuals with multiple DUI convictions. According to this section, a fourth or subsequent DUI offense within ten years can be charged as a felony. While typically prosecuted as a felony, it technically remains a wobbler under California law. This allows a prosecutor or judge to potentially reduce the charge to a misdemeanor if the circumstances warrant leniency and the driver's prior record is not excessively severe. However, even a misdemeanor conviction under Vehicle Code Section 23550 carries a mandatory minimum jail sentence of 180 days. If charged and convicted as a felony, the accused faces potential state prison time, designation as a habitual traffic offender, and a lengthy driver's license revocation. The felony penalties can include up to sixteen months, two years, or three years in state prison, plus a fine of up to $1,000.

California Vehicle Code Section 23153 pertains to driving under the influence causing injury to another person. This offense is a wobbler and can be charged as either a misdemeanor or a felony. The primary factor influencing this decision is the nature and extent of the alleged injury. More severe injuries are more likely to result in felony charges. Regardless of whether it is charged as a misdemeanor or felony, a conviction under this section can lead to an order to pay victim restitution for medical expenses, property damage, or other losses. Misdemeanor penalties can include a minimum of five days or up to one year in county jail and fines between $390 and $5,000. Felony penalties can include two, three, or four years in a California state prison and fines between $1,015 and $5,000. Additional penalties may apply if great bodily injury is inflicted.

California Penal Code Section 191.5(b) addresses vehicular manslaughter while intoxicated. This is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. In cases involving a fatality, prosecutors often pursue felony charges, especially if they believe the driver's conduct was egregious. However, a judge may reduce the charge to a misdemeanor during a preliminary hearing if there is insufficient evidence of gross negligence or if the driving conduct, while impaired, was not as dangerous as initially alleged. Misdemeanor convictions can result in up to one year in county jail and a maximum fine of $1,000. Felony convictions can lead to 16 months, 2 years, or 4 years in California State Prison and a maximum fine of $10,000.

It is crucial to distinguish California Penal Code Section 191.5(a) from 191.5(b). Gross vehicular manslaughter while intoxicated is not a wobbler; it is always charged as a felony. This charge applies when the prosecution alleges that the defendant acted with gross negligence, demonstrating a reckless disregard for human life. A conviction under this section carries the possibility of extended state prison sentences and is considered one of the most severe DUI-related offenses in California. Penalties can include up to ten years in prison, and for defendants with two or more prior DUI convictions, the prison sentence can be 15 years to life.

Jury instructions in California DUI cases are primarily based on the CALCRIM (California Criminal Jury Instructions) series. In a misdemeanor DUI trial, the jury might receive instructions such as CALCRIM No. 2110 or 2111, which outline the elements of driving under the influence and driving with a blood alcohol concentration (BAC) of .08% or higher.

For more serious cases involving injury, the court may use CALCRIM No. 2100 or related instructions that define driving under the influence as causing bodily injury. CALCRIM No. 2101 addresses DUI causing injury with a BAC of 0.08% or more.

When vehicular manslaughter charges are involved, instructions related to Penal Code Section 191.5(b), such as CALCRIM No. 2120, or Section 191.5(a), such as CALCRIM No. 2121, may be given to the jury. These instructions differentiate between ordinary negligence and gross negligence, which is a critical distinction in vehicular manslaughter cases.

Under these instructions, the prosecution bears the burden of proving beyond a reasonable doubt that the defendant was driving while under the influence of alcohol or drugs and that the unlawful act or negligence caused injury or death. In wobbler offenses, prosecutors may present evidence regarding the extent of injuries or prior DUI convictions to justify a felony filing. A strong defense often involves challenging the reliability of field sobriety tests, the accuracy of breath or blood tests, and the legality of the initial traffic stop. In cases involving accidents, defense attorneys might also argue against causation, questioning whether the defendant's impairment directly caused the injury or fatality or if other factors were responsible.

Sentencing in wobbler DUI cases can vary significantly based on whether the offense is charged and convicted as a felony or a misdemeanor. If a wobbler DUI is charged as a felony and results in a conviction, potential penalties can include:

• State Prison Time: Sentences can range from 16 months, 2 years, or 3 years depending on the specific charge and circumstances. For violations of PC 191.5(b) as a felony, the sentence can be 16 months, 2 years, or 4 years.
• Formal Probation: This can involve strict conditions and regular meetings with a probation officer.
• Mandatory DUI Education Programs: These programs are typically longer and more intensive for felony DUIs.
• High Fines: Fines can reach up to $1,000 or even $10,000 in some cases.
• Restitution to Victims: Compensation for medical expenses, lost wages, and other damages.
• Prolonged Suspension or Revocation of Driving Privileges: License revocation can last for several years.
• Habitual Traffic Offender Status: This designation carries additional penalties and restrictions.
• Impact on Civil Rights: Felony convictions can lead to the loss of the right to vote, own firearms, and impact immigration status.

If the wobbler is filed or reduced to a misdemeanor, the potential penalties include:

• County Jail Time: Instead of state prison, a defendant might face up to one year in county jail. For a fourth DUI that is reduced to a misdemeanor under VC 23550, the jail time can range from 180 days to 1 year.
• Informal Probation: Probation terms often include mandatory alcohol education classes, installation of an ignition interlock device, attendance at victim impact panels, and community labor or service.
• Fines: Fines can range from $390 to $1,000, with potential increases depending on the specific offense and prior convictions.
• DUI Education Programs: These are typically shorter than those required for felony convictions.
• Driver's License Suspension: Suspension periods vary depending on the number of prior DUIs and the specific charges.
• Restitution: Similar to felony cases, restitution to victims is a key component, especially in DUI cases that cause injury

While a misdemeanor wobbler DUI conviction does not carry the same long-term collateral consequences as a felony, it still has significant impacts. Felony convictions can affect professional licenses, immigration status, and gun ownership rights. Due to these far-reaching effects, it is crucial for individuals facing wobbler DUI charges to secure knowledgeable legal representation to explore all possible avenues for reducing the charges or negotiating an alternative resolution.

Prosecutors and law enforcement officers consider various factors when deciding whether to file DUI charges as a misdemeanor or a felony. Key factors include:

• Severity of Harm to Victims: Serious injuries, substantial medical expenses, or fatalities strongly increase the likelihood of felony charges.
• Prior Criminal History: A driver's past criminal record, particularly prior DUI convictions within the last ten years, significantly increases the chances of facing felony charges.
• Blood Alcohol Concentration (BAC) Level: While the legal limit is .08%, higher BAC levels can suggest more reckless behavior and lead prosecutors to pursue felony charges more aggressively.
• Aggravating Factors: The presence of aggravating circumstances, such as driving on a suspended license, fleeing the scene of an accident, or having a minor in the vehicle, can also tip the scales toward a felony charge or result in added sentencing enhancements.

One of the most critical reasons to hire a qualified DUI attorney as early as possible is the opportunity for pre-filing intervention. An experienced attorney can present evidence on behalf of the accused—such as medical records, witness statements, expert opinions, or proof of mitigating circumstances—to potentially persuade the detective or prosecutor to file the charges as a misdemeanor rather than a felony, or in some cases, prevent charges from being filed altogether.

Early intervention can involve facilitating communication between the defense and law enforcement, conducting an independent investigation to gather and preserve favorable evidence, and presenting this information to the district attorney's office during pre-filing discussions. Often, the initial police report may lack crucial details that could explain the circumstances of an accident or provide context for a driver's performance on field sobriety tests.

Defending against a wobbler DUI involves many of the same strategies used in defending a standard DUI, but with an added focus on demonstrating that the facts of the case do not warrant felony treatment. Common defense strategies include challenging the legality of the traffic stop, questioning the accuracy of breath or blood tests, and scrutinizing the administration of field sobriety tests. In cases involving injury or death, investigating issues of causation is also crucial. The defense can argue that the intoxication was not the substantial factor causing the collision or injury and that other factors may have been responsible.

Reducing a felony wobbler to a misdemeanor often depends on the negotiation skills of the defense attorney. Even when the evidence of impairment is strong, mitigating factors such as the defendant's clean prior record, a low BAC, or minimal injuries can be leveraged to support a misdemeanor plea. Skilled attorneys know how to effectively present these points during pre-trial negotiations and, if necessary, at the preliminary hearing, where a judge determines if sufficient evidence exists to proceed with felony charges.

Individuals facing a wobbler DUI charge in Los Angeles risk losing their freedom, driving privileges, and much more. The emotional and personal toll can be immense. Engaging an attorney who deeply understands the complexities of California DUI law can significantly impact the outcome of the case. A lawyer with expertise in both defense strategies and local prosecutorial practices can be instrumental in safeguarding the accused from the most severe felony consequences.

Los Angeles DUI Attorney Michael Kraut brings a wealth of experience to the defense of wobbler DUI cases. As a former Deputy District Attorney with over 14 years of prosecutorial experience, he possesses an intimate understanding of how prosecutors evaluate these cases. His extensive knowledge of the local court system, combined with a commitment to aggressive and strategic defense, can substantially improve a defendant's chances of achieving a favorable result. Whether it involves gathering crucial evidence to challenge the prosecution's theory of injury or skillfully negotiating a reduction in charges, having the right attorney can be the decisive factor in minimizing or avoiding life-altering felony consequences.

If you are facing potential felony DUI charges, it is imperative to seek legal counsel without delay. The earlier a defense attorney can intervene, the greater the opportunity to influence the charging decision. The intricate nature of California DUI law, coupled with the broad discretion afforded to prosecutors, underscores the critical need to build a robust defense from the outset.

If you or someone you know has been arrested for a DUI offense that could be classified as a wobbler, it is vital to consult with an experienced Los Angeles DUI Lawyer immediately. Attorney Michael Kraut and the dedicated team at Kraut Law Group Criminal & DUI Lawyers offer the experience, resources, and unwavering dedication needed to fight for the best possible outcome in your case. From proactive pre-filing interventions to assertive courtroom advocacy, the firm is committed to providing knowledgeable and effective representation every step of the way.

For more comprehensive information about Los Angeles wobbler DUI offenses and to schedule a confidential and free consultation, please contact Los Angeles DUI Lawyer Michael Kraut at Kraut Law Group Criminal & DUI Lawyers, conveniently located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24 hours a day, 7 days a week at 888-334-6344 or 323-464-6453. Do not hesitate to get the legal help you need to protect your rights and your future.