Can a DUI be a felony in San Fernando Court? or is it always an misdemeanor?

Question: I was arrested for a DUI recently.  Unfortunately I have been going through some difficult times and not handling it well.  This is my 4th DUI in the last 7 years.  My first 3 DUI’s were all misdemeanors, but I am concerned that this one will be filed as a felony DUI since it is my 4th DUI.  Can a DUI be a felony in San Fernando Court? or is it always an misdemeanor?  I heard some courts only hear Misdemeanors.

Answer: Hi and thanks for your question.  I am sorry your hear about your rough stretch of things the last few years.  Along with helping you defend your DUI, I will also want to help with the tough time you are going through so hopefully there will not be any future arrests.

To answer your question and to give some more feedback about it, a 4th offense DUI within a 10 year span is what is known as a wobbler, meaning it can be filed as a misdemeanor or a felony.  Were you still on probation for any of the prior 3 DUI convictions?  And what court were they in if you are still on probation for one or more of the DUI’s?

San Fernando handles both misdemeanor and felony DUI cases.  When is your Court date set for?  I would recommend contacting me as soon as possible to discuss your case in more detail.  There may be some stuff we can do prior to the charges getting filed that may help reduce the charges to a misdemeanor at an early phase prior to it getting filed.


Phil Hache
DUI Defense Attorney
Handling Misdemeanor and Felony DUI charges throughout Southern California