Felony DUI Defense — San Bernardino County
Felony DUI Defense in San Bernardino County
Experienced Defense for Felony DUI Charges in San Bernardino County and Southern California
A felony DUI charge can involve state prison or other custodial exposure, driver's license consequences, substantial fines and lasting criminal-record consequences. The potential outcome depends on the specific charges, applicable enhancements, qualifying prior convictions and sentencing law. If you are facing felony DUI allegations — or believe charges may be filed — early legal advice can help you understand the criminal and DMV proceedings.
- Call for a Felony DUI Case Evaluation
- San Bernardino County courts
- State Bar No. 203966
Under Investigation? Don't Wait for Charges to Be Filed.
If law enforcement has contacted you, you were involved in a DUI-related collision, or you believe a felony DUI investigation is underway, contact Tarman Law before charges are filed. Pre-filing representation can affect how the case is investigated and what charges, if any, are ultimately filed.
Contacting an attorney does not mean you are admitting guilt. Early consultation is confidential.
When Can a DUI Be Charged as a Felony in California?
Most first-time DUI arrests in California are charged as misdemeanors. A DUI can be charged as a felony under specific circumstances. A qualifying repeat DUI offense — generally a fourth or subsequent DUI within the relevant look-back period — may result in felony prosecution under Vehicle Code section 23550 or 23550.5. A DUI causing injury to another person may be charged as a felony under Vehicle Code section 23153, depending on the severity of the injuries and the defendant's prior record. A DUI resulting in death may be charged as gross vehicular manslaughter while intoxicated, second-degree murder under People v. Watson, or another offense, depending on the evidence. The specific facts of the case, the defendant's prior record and the applicable statutes all determine how the case is charged.
The distinction between misdemeanor and felony DUI affects potential penalties, sentencing exposure and the long-term consequences of a conviction. Individual review of the facts and prior record is required.
Prior DUI Convictions and Felony DUI Charges
Under the applicable version of California Vehicle Code section 23550, a new DUI offense may result in felony prosecution when the person has three or more qualifying prior offenses within the relevant 10-year period. Qualifying priors may include certain DUI convictions and reckless-driving convictions resolved under Vehicle Code section 23103.5. The attorney must review the dates, statutes and dispositions of the prior offenses to determine which convictions legally qualify. A prior felony DUI conviction may also affect the current charge under Vehicle Code section 23550.5.
- Three or more qualifying prior offenses within the relevant 10-year period
- Qualifying priors may include certain VC 23103.5 reckless-driving convictions
- Prior felony DUI conviction may affect the current charge under VC 23550.5
- Attorney review of prior offense dates, statutes and dispositions is required
Whether a prior conviction qualifies under the applicable version of the statute depends on the specific facts, offense dates and statutory provisions. Individual review of the prior record is required.
DUI Causing Injury — Vehicle Code Section 23153
A DUI causing injury to another person is charged under Vehicle Code section 23153. This offense can be charged as either a misdemeanor or a felony depending on the severity of the injuries and the defendant's prior record. A felony conviction under section 23153 may result in state prison or other custodial exposure depending on the specific offense, applicable enhancements, prior convictions and sentencing law. Enhancements for great bodily injury or multiple victims can significantly increase the sentencing exposure.
- Injury to any person other than the driver
- Additional allegations involving multiple injured victims, where applicable
- Prior DUI convictions increase exposure
The specific charges and enhancements depend on the facts of the case and the defendant's prior record. Individual review is required.
Great Bodily Injury Enhancements
When a DUI causing injury involves great bodily injury as defined under Penal Code section 12022.7, an enhancement may be alleged that adds a consecutive term to the base sentence. Great bodily injury is defined as a significant or substantial physical injury.
Whether an injury qualifies as great bodily injury under PC 12022.7 depends on the specific facts and is subject to defense challenge. Individual review is required.
DUI Resulting in Death — Watson Murder and Gross Vehicular Manslaughter
A DUI resulting in death may lead to allegations of gross vehicular manslaughter while intoxicated under Penal Code section 191.5(a), second-degree murder under People v. Watson, or another offense, depending on the evidence. Under People v. Watson (1981) 30 Cal.3d 290, the prosecution must establish implied malice — that the defendant acted with conscious disregard for human life. A prior DUI conviction or a prior Watson admonishment may be relevant evidence of the defendant's knowledge of the risk, but the prosecution must independently establish implied malice under the applicable standard. Watson murder is a second-degree murder charge and is distinct from gross vehicular manslaughter while intoxicated and other DUI-related homicide allegations.
Whether a DUI resulting in death is charged as gross vehicular manslaughter, Watson murder or another offense depends on the specific facts, the defendant's prior record and the prosecution's theory. Individual review is required.
For information about non-DUI felony defense matters, visit tarmanfelonydefense.com.
Facing felony DUI charges in San Bernardino County? Call Tarman Law today.
Court Proceedings and DMV Consequences
A felony DUI allegation may involve both a criminal case in Superior Court and a separate administrative action by the California Department of Motor Vehicles. These proceedings have different requirements, deadlines and potential consequences. In an Administrative Per Se (APS) case, the DMV generally provides 10 days after receipt of an Order of Suspension or Revocation to request a hearing. Review your actual notice immediately. A request for a DMV hearing does not automatically stop a suspension or replace any required appearance in criminal court.
- Review your DMV Order of Suspension or Revocation immediately
- Hearing request deadline runs from receipt of the order
- APS administrative action is separate from the criminal case
- License consequences on conviction depend on the specific offense and prior record
- Ignition interlock device requirements may apply
- SR-22 insurance filing may be required for reinstatement
Evidence in Felony DUI Cases
Felony DUI cases typically involve multiple categories of evidence that the defense must evaluate carefully. The strength of the prosecution's case depends on the quality and reliability of this evidence, and each category presents potential areas for defense review and challenge.
Chemical test results are central to most DUI prosecutions. The defense should evaluate the testing procedures, equipment calibration, chain of custody and whether the reported BAC accurately reflects the defendant's condition at the time of driving.
Standardized field sobriety tests must be administered according to established protocols. The defense should evaluate whether the tests were properly administered, whether the officer's observations were accurately documented and whether the results are reliable.
In cases involving a collision or injury, physical evidence from the scene — vehicle damage, skid marks, road conditions, injury documentation, witness statements and accident reconstruction — may be relevant to the defense.
Dashcam, body-worn camera and surveillance footage, the accuracy of the police report, whether proper procedures were followed during the stop and arrest, and the qualifying prior-conviction record are all subject to defense review.
The specific evidence in a case and the available defense challenges depend on the facts. Individual review is required.
Recent Legislation — 2025–2026
Three bills enacted in the 2025–2026 California legislative session affect certain felony DUI, repeat DUI and hit-and-run allegations. Each bill has distinct effective or operative dates and applies only to offenses and convictions meeting the specified statutory requirements.
AB 1546 was signed on September 25, 2026. It changes specified repeat-DUI provisions, including the treatment of qualifying prior convictions within the applicable 10-year period. The bill contains statutory provisions with different operative dates and conditional amendments coordinated with AB 1830. Whether a particular provision applies depends on the offense date, qualifying conviction history and version of the statute governing the case. An attorney should review the charging documents and prior-conviction records before assessing how AB 1546 may affect an individual case.
AB 1687 was enacted in 2026. It establishes new licensing restrictions for specified repeat DUI-with-injury convictions. The licensing provisions are operative January 1, 2031 and apply only to convictions meeting the specified statutory requirements.
SB 907 addresses specified injury or fatal hit-and-run offenses involving qualifying prior convictions. The bill is effective January 1, 2027 and applies only to offenses and prior convictions meeting the specified statutory requirements.
Statutory text, operative dates and applicable requirements should be verified against the enrolled bill text before relying on any legal statement. Individual case review is required.
Defense Experts in a Felony DUI Case
In certain felony DUI cases, the defense may retain expert witnesses — including toxicologists, accident reconstructionists and medical experts — to evaluate evidence and challenge the prosecution's theories. The need for expert assistance depends on the specific allegations, the evidence and the defense strategy.
Types of Defense Experts
Toxicologists, accident reconstructionists, medical experts, field sobriety test experts and forensic blood-testing experts each play a distinct role in felony DUI defense.
Not every felony DUI case requires expert witnesses. Whether to retain an expert, and which type, depends on the specific facts and defense strategy. No attorney can guarantee that an expert's testimony will produce a particular outcome.
Restitution in Felony DUI Cases
When a felony DUI conviction involves qualifying economic losses suffered by a victim as a result of the defendant's criminal conduct, California law generally requires the court to order victim restitution under Penal Code section 1202.4. The amount depends on the losses established and the applicable restitution law.
- Medical and hospital expenses
- Lost wages and future earning capacity
- Property damage
- Funeral and burial expenses in fatal cases
The Defendant's Right to Contest the Restitution Amount
The defendant may contest the claimed amount and whether particular losses are legally attributable to the offense. Victim restitution is separate from any restitution fine or other criminal penalty. An unpaid restitution obligation may remain enforceable after the defendant completes a custodial sentence.
Whether restitution is ordered, and in what amount, depends on the facts of the case, the applicable conviction and the victim's claimed losses. Individual review is required.
Frequently Asked Questions — Felony DUI
Facing Felony DUI Charges in San Bernardino County?
Call Tarman Law to discuss your case. Kirk M. Tarman has defended felony DUI cases in San Bernardino County and throughout Southern California. Early representation matters — contact us today.