In some instances, a California DUI charge is classified as a misdemeanor; in others, it is a felony. Felonies carry more severe penalties, such as longer jail sentences and larger fines, than misdemeanor charges.n nA driver may be charged with felony DUI if it is that driver’s 4th offense within 10 years. In addition, if the DUI resulted in an injury or a fatality—regardless of whether the driver has ever been convicted of a DUI before--the driver may be charged with a felony. n nA driver may be charged with a misdemeanor DUI if it is the first, second, or even third DUI conviction.