Is a DUI a misdemeanor in California?

Yes  and if there are 3 prior convictions or more or an accident with injury it can be a felony

In California, a DUI is most commonly charged as a misdemeanor, particularly for a first, second, or third offense within a 10-year “lookback” period. In California, DUI cases are subject to a 10-year “lookback” period, meaning that when someone is arrested for a new DUI, the court will consider any prior DUI arrests that occurred within the past 10 years when determining penalties. Importantly, this 10-year period is calculated from arrest date to arrest date, not from the date of conviction. For example, if a person was arrested for a DUI in April 2015 and then arrested again in March 2025, the earlier DUI would still fall within the 10-year window—even if the conviction for that case occurred later in 2015. On the other hand, if the prior DUI arrest occurred in 2013, it would fall outside the 10-year lookback period and generally would not be used to increase penalties for the new offense.

A first DUI is typically a misdemeanor and may result in 3–5 years of informal probation, fines and penalty assessments totaling roughly $1,800–$2,500, a 3–9 month DUI program, a license suspension (with possible restrictions), and up to 6 months in jail (though jail is often not imposed in standard cases). 

A second DUI within 10 years is still usually a misdemeanor but carries increased penalties, including 3–5 years probation, fines of about $2,000 or more, an 18–30 month DUI program, a license suspension, and mandatory jail time ranging from 96 hours up to 1 year.

A third DUI within 10 years also remains a misdemeanor in most cases but is significantly more serious, with 3–5 years probation, fines exceeding $2,500, a 30-month DUI program, and 120 days to 1 year in jail.

However, a DUI can be charged as a felony rather than a misdemeanor in several situations, including when it is a fourth DUI within 10 years, when the DUI causes injury to another person, or when the DUI results in death, potentially leading to charges such as vehicular manslaughter or even second-degree murder (often referred to as a Watson murder). Felony DUIs carry much harsher consequences, including state prison sentences, higher fines, long-term license revocation, and additional penalties such as restitution. Overall, while most early DUI offenses are misdemeanors, the penalties increase with each offense, and aggravating factors can quickly elevate a case to a felony.

This information is provided for educational and informational purposes only, is not legal advice, and does not create an attorney-client relationship; it is always best to consult with a licensed California attorney to obtain advice specific to your situation.