A DUI offense in California can be either a felony or a misdemeanor, depending on the case’s facts and the person who is being charged. First, second, and third-time DUI offenses are usually charged as misdemeanors. DUI offenses that cause death or injury to another, or when committed as a fourth or subsequent DUI offense within ten years, shall be charged as a felony. Felony DUI offenses have stricter penalties than misdemeanor DUI offenses.