california drunk driving wobbler vs. felony dui

what is a wobbler dui?

Under California Law, a DUI offense that falls between a felony crime and a misdemeanor violation is sometimes charged as a "wobbler". A defendant convicted of a "wobbler" DUI may qualify for jail or probation rather than a state prison sentence, the standard punishment for a felony offense.

when can a felony dui qualify as a wobbler?

The decision to try a drunk driving or DUID crime as a felony or wobbler DUI will ultimately rest with the prosecutor handling your case. An experienced and attentive DUI attorney can strongly influence the prosecutor's decisions and opportunities by weakening the case against you, disproving the District Attorney's allegations, and motioning to suppress the state's evidence against you as inadmissible in court.

If your lawyer diqualifies evidence and facts from being presented to the jury, those elements of your case cannot factor in the jurors' opinions and deliberations, thus increasing the potential for a verdict of "not guilty", "case dismissed" or "hung jury".

Depending on the circumstances involved in a DUI offense, including the degree of injury caused, as well as the extent of neglect and the defendant's intention of malice or harm, the state may classify certain felony cases to be tried as wobblers, or gross misdemeanors.

A vehicular homicide charge is one where intention of malice can be determined, and will not qualify as a wobbler. Conversely, a DUI related vehicular manslaughter charge in California may be tried as a wobbler if, for example, the defendant was not solely at fault for the accident.

difference between a wobbler and felony dui

A significant difference between a felony DUI and a wobbler is how the offense is punished if a conviction is reached. Under California DUI Laws, a felony DUI defined as a "wobbler" drunk driving offense may be punishable by a jail or prison sentence. In San Diego, a misdemeanor DUI is typically punished by a sentence of up to one year in city or county jail. In contrast, a San Diego felony DUI conviction is punishable by no less than one year and up to several years of incarceration in a state prison or penitentiary.

If a defendant convicted of a wobbler is sentenced to jail rather than prison, once released from custody, they will typically be placed on probation vs. parole. In such case, after serving the jail sentence, they may petition the court under California Penal Code 17b to formally reduce the charge to a misdemeanor and avoid the consequences of being a convicted felon.

If the court accepts the petition and reduces the charge on record to a misdemeanor, a subsequent felony offense will re-enact the prior reduced violation to count as a felony strike under California's 3 Strikes Law and be priorable.

consult with an experienced felony defense attorney

If you've been arrested for a wobbler or felony DUI in San Diego County or a surrounding Southern California region, please contact our office as soon as possible at (619) 366.3474 for a free DUI case evaluation. It is sometimes possible to intervene and prevent the charges from being filed if we are brought in at the earliest stages of a potential case.