Home -> Law Blog Directory -> Criminal Law Blogs -> DUI Blogger

Criminal Law

: DUI Blogger

When California DUIs Qualify as Wobblers

By Neil Shouse, Esq.

Most cases of driving under the influence in California are prosecuted as misdemeanors. However, if you suffer your fourth or subsequent DUI within a ten-year period or injure another person as the result of driving under the influence, then the prosecutor has the discretion to charge the offense as either a misdemeanor or a felony. This is what California law defines as a wobbler. California law defines a ?wobbler? as an offense that prosecutors may elect to file as either a misdemeanor or a felony depending on (1) the facts of the case, and (2) your criminal history. It would therefore seem that if, for example, you suffer your fourth DUI within a ten-year period, your DUI history would lead prosecutors to file the charge as a felony. However, that isn?t always the case...continue to full post

Full post as published by DUI Blogger on October 11, 2010 (boomark / email).