A felony label is not automatic. We test whether it is legally supported, and defend the evidence behind it.
The short answer. A DUI is not always a misdemeanor, but it does not become a felony just because there was a crash. Prosecutors must establish additional elements, such as an injury caused by the driver’s unlawful act or failure to perform a legal duty (Vehicle Code 23153). Great bodily injury, multiple victims and prior DUI convictions can significantly increase penalties.
A felony case can carry consequences well beyond fines or probation. A first DUI causing injury can be prosecuted as either a misdemeanor or a felony, depending on the case.
| When | What happens | What we do |
|---|---|---|
| Day of arrest | Booking, possible license seizure | You call us; we start on your deadlines |
| Within 10 days | The DMV hearing window | We request it and review the paperwork |
| Charging decision | The prosecution decides how to file the case | We examine the filing theory and the priors being used |
| Resolution | Reduction, negotiated terms, or trial | Targeted litigation and negotiation |
We treat it as a high-stakes case from day one: an evidence-first review of the stop, arrest, testing and any prior convictions being used against you. We look for weakness in the filing theory, test whether felony treatment is legally supported at all, and push for the strongest available resolution, either reducing the charge level or limiting sentencing severity.
Prior conviction records, the validity of the stop and the arrest sequence, and the reliability of chemical or observational evidence. For injury cases, also collision details, medical records and timelines, and witness statements.
Local knowledge matters: Howard Williams is familiar with local judges, prosecutors, and court procedures at El Cajon Superior Court. You get direct access to your attorney, not a call center, and we are available 24/7 for emergencies. Over 20 years of experience.
Related services: DUI With Injury, Second & Third DUI, DUI Hit and Run.
Call The Law Firm of Howard Williams now for a free consultation. Payment plans may be available for qualified clients.
Sources: California Vehicle Code 23153 and 23554; Penal Code 17. The information on this page is general and does not create an attorney-client relationship.
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Yes. A DUI is not always a misdemeanor. A first DUI that causes injury can be prosecuted as either a misdemeanor or a felony, depending on the case.
No. An accident alone does not make a DUI a felony. Prosecutors must establish additional elements, including an injury caused by the driver’s unlawful act or failure to perform a legal duty.
Great bodily injury, multiple victims and prior DUI convictions can significantly increase penalties.
The defense reviews prior conviction records, the stop and arrest sequence, and the reliability of any chemical or observational evidence, and tests whether felony treatment is legally supported at all.
Yes. The DMV case is separate from the criminal case, and you generally have 10 days to request a DMV hearing. We run both cases together as one strategy.
Call a lawyer, request the DMV hearing within 10 days, and avoid statements on the scene. We offer a free consultation to review the facts and explain fees.
