Matthew J. Ruff DUI/DWI Law Blog on Lawyers.com

As in many states, the District Attorney in California is vested with the discretion to charge a criminal DUI case  as a felony in certain, very limited circumstances of drinking and driving.  According to one Van Nuys DUI Attorney, The prosecutor has the discretion to charge a violation of Vehicle Code §23152 as a felony when the accused has:

¿ Three or more separate DUI or DWI convictions within ten years of the current offense.

¿ A prior felony DUI conviction, drunk driving,  or prior felony gross vehicular manslaughter violation within the past ten years of the current offense.

¿ A prior conviction for gross vehicular manslaughter while intoxicated (Penal Code §191.5(a)), felonious vehicular manslaughter while intoxicated but without gross negligence (Pen C §191.5(b)), or gross vehicular manslaughter while intoxicated and when committed during the operation of a vessel.

Furthermore, It is a felony, says one Santa Clarita DUI Lawyer, in addition to driving under the influence of alcohol or drugs (DUI and DWI), or both, to drive a vehicle and ¿ Concurrently do any act forbidden by law or neglect any duty imposed by law in driving a vehicle that proximately causes bodily injury to any person other than the driver. Veh C §23153(a).

¿ While having 0.08 percent or more, by weight, of alcohol in one’s blood to concurrently do any act forbidden by law or neglect any duty imposed by law in driving a vehicle that proximately causes bodily injury to any person other than the driver. Veh C §23135(b). One Beverly Hills DUI Attorney explains that there is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. Veh C §23153(b).

¿ While having 0.04 percent or more, by weight, of alcohol in one’s blood to drive a commercial vehicle and concurrently do any act forbidden by law In proving that the defendant did an act forbidden by law or neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of the Vehicle Code was violated. But if the prosecution has alleged specific code violations in the accusatory pleading  to establish the unlawful act and relies on these allegations at trial, the court must give the jury definitional instructions for those violations. From the perspective of one Drunk Driving Lawyer in Torrance, this element of  the offense is satisfied by evidence establishing ordinary negligence or neglect any duty imposed by law in driving the vehicle that proximately causes bodily injury to any person other than the driver.