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Is a DUI a Wobbler?

Posted by Vitaly Sigal | Jul 24, 2024 | 0 Comments

In California, individuals accused of driving under the influence (DUI) can face serious consequences. Moreover, many of these consequences will affect their personal and professional lives for a long time. For instance, a DUI charge will likely include a suspended license, preventing a defendant from getting to and from work easily. In turn, this could affect their employment, which, if fired, could upset their living arrangements.

Crafting a strong defense to prevent such unnecessary suffering is incredibly important. Contact Sigal Law Group today for a free consultation.

What is a Wobbler

“Wobblers” are crimes in California that can be punished as a felony or a misdemeanor. Typically, the prosecutor will decide which one to pursue when charging the crime. When making this decision, the prosecutor will likely look at the defendant's age, the strength of their case, the defendant's criminal record, whether the defendant will repeat the crime, if they are eligible for probation, and how much they cooperated with law enforcement officers.

If they decide the crime should be charged as a felony, the defendant will suffer more serious punishments than if the crime had been charged as a misdemeanor.

When is a DUI a Wobbler

Not all DUIs are wobblers. In fact, most DUI charges will be made as misdemeanors. However, if a defendant has an elevated blood alcohol concentration and three other misdemeanor DUIs on their record, a previous felony DUI on the record, or they hurt or killed another person during the DUI accident, their charges could wobble from a misdemeanor to a felony charge.

Defend Against Wobbler DUI Charges

The difference between a misdemeanor DUI and a felony DUI hinges on the type of punishment the defendant is subjected to. For instance, a misdemeanor DUI that includes an injury to another person could face up to one year in jail, up to $5,000 in fines, and up to six months with an ignition interlock device. But a felony DUI conviction could result in up to 16 years in prison, up to $5,000 in fines, and up to a year with the ignition interlock device.

With either charge, you need a strong defense. Contact Sigal Law Group today for a free consultation. Our experienced criminal defense attorneys will ensure you receive the best possible outcome for your case.

About the Author

Vitaly Sigal

Vitaly Sigal Sigal Law Group Owner 355 S. Grand Ave, Suite 2450 Los Angeles, CA 90071 (213) 620-0212 Vitaly Sigal has extensive trial experience and is not afraid to take your case to trial if necessary. From straightforward to complex litigation, Mr. Sigal handles every case with the same i...

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