Arrested for a Felony DUI?
Being charged with a felony or misdemeanor for driving under the influence of alcohol or drugs in Orange County requires immediate action to protect your rights and minimize the effects on your life. In many cases, action needs to be taken within the first 2 days of arrest. Consequences for a felony DUI include hefty fines, jail time, loss of your driver’s license and the possibility of a felony on your criminal record. All repercussions you or your career likely cannot afford. The sooner you contact an Orange County DUI defense lawyer, the better off you will be. Our highly-skilled DUI defense team represent clients who have been charged in Anaheim, Yorba Linda, Fullerton, Santa Ana, Irvine, Huntington Beach, Newport Beach, Laguna Beach, Lake Forest, San Clemente and the surrounding areas.
Los Angeles Felony DUI Lawyer
Getting charged with a Los Angeles felony DUI conviction can be life-altering. Not only will you get a license suspension, but you will also have to pay hefty fines and get sent to a Los Angeles county jail or state prison. However, you can help yourself and limit the consequences with the help of a Los Angeles felony DUI lawyer.
If you or a loved one is being charged with a felony DUI conviction, do not hesitate to contact us at the Los Angeles Criminal Defense law firm. Our law firm has one of the highest success rates of any firm in the Los Angeles area.
We offer an expert criminal defense team with a consistent track record for results and over 18+ years of experience. Our DUI lawyers also offer a free consultation to discuss your felony DUI charges and be protected by an attorney-client relationship.
Why You Should Hire a Los Angeles Felony DUI Attorney
In Los Angeles, DUI charges can either be a misdemeanor or a felony. If it is your first offense and no one was injured during the incident, you will be charged with a misdemeanor DUI. However, under California Vehicle Code Section 23153, you will be charged with a felony DUI if you caused someone else’s death or injury while you were driving under the influence.
You can also be charged with a felony DUI if you have had a prior felony DUI conviction or three or more convictions of wet reckless and DUI offenses in the past ten years. Your California driver’s license will be suspended, and you will spend time in either a Los Angeles county jail or state prison.
A Los Angeles DUI attorney will help you navigate the complex legal processes of the criminal justice system. Your DUI attorneys will help lessen the consequences or drop all charges you face.
What Happens When You Get a Felony DUI in California?
DUI charges usually end up becoming misdemeanor DUI charges, but there are instances that your DUI charge can become a felony DUI case. It’s usually because of a prior felony DUI conviction or your criminal record. Either way, your felony DUI charges will have harsher penalties than a misdemeanor.
If you plead guilty or get convicted of a felony DUI conviction in California, you will be held by the court in county jail for a minimum of 90 days. The specifics of your penalty will depend on your prior DUI conviction, how much you injured the victim, and your behavior towards the incident. Other penalties include:
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A state prison sentence of 16 months to 16 years
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Fines of up to $5,000
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The suspension of your California driver’s license
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30 months in DUI school
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Restitution for the Victim
The judge might also order an ignition interlock device (IID) for your vehicle. It’s a little larger than a cellphone, and you will need to blow into the device for it to check your blood alcohol level. Your vehicle will not start if it detects alcohol on your breath, and you will need to keep blowing into the device for your vehicle to keep running.
When Can a DUI be Charged as a Felony in Los Angeles, CA?
Drunk driving is usually considered a misdemeanor unless your actions caused the injury or death of another person or if you have had any prior DUI charges or wet reckless charges. According to California law, these are the instances when DUI charges become felony DUI charges.
Los Angeles DUI attorneys can help you navigate through the complex legal processes. Getting an experienced criminal defense attorney can help you understand better when a DUI case can become a felony DUI case.
DUI Causing Death or Serious Injuries
If your felony DUI case causes death or severe injuries to another person, it is considered vehicular manslaughter, and you will be charged with harsher penalties. However, the prosecution must prove beyond reasonable doubt that you were driving under the influence of drugs and alcohol. Drunk driving, while your physical and mental capabilities are impaired, is considered as being under the influence.
You won’t get a felony offense just for having alcohol in your system, or it is your first offense. The prosecutor must prove that your ability to operate a vehicle was compromised by the amount of alcohol in your body. How much alcohol in your body can be found through your blood alcohol content (BAC).
When you have a BAC of .08, you are considered driving under the influence. However, if you have a BAC between .05 and .08, the prosecution will need to provide more evidence to support their argument.
Prior DUI, Felony DUI Convictions, Wet Reckless
If you have a prior conviction for felony DUI, misdemeanor DUI, or wet reckless, your current DUI case can be elevated to a felony DUI offense. The prosecution will need to prove that you have prior convictions or prior felony DUI cases.
However, you can have your charges reduced if you go through rehabilitation or probation programs in criminal law. If a judge reduced your prior convictions to misdemeanors, the prosecution could not use your previous felony conviction to prove your current felony DUI charge.
After a third or fourth offense for DUI, the court will be charged with a felony conviction for every DUI case. This includes three or more convictions of wet reckless charges, also known as reckless driving according to Vehicle Code 23103.
A DUI lawyer can help you with your criminal charges by building your felony DUI defense and getting your felony DUI dismissed.
What Are the Consequences of a Felony DUI in Los Angeles?
The consequences of driving under the influence ending in felony charges are life-changing. You will receive criminal penalties that come with felony charges. If it were a DUI causing injury or death, you would receive harsher consequences according to Vehicle Code 23540 VC.
Not only will you be sentenced with legal penalties, but you will also face collateral consequences for your felony charge. Talk to a DUI defense attorney to get legal assistance on how you can protect your record for your future.
Criminal Penalties
Your penalties for your felony DUI case will depend on why you are being charged with a felon DUI. If you ended up causing severe injuries or death for someone else, you would be sentenced with:
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State Prison for 16 months to 16 years
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Fines up to $5,000
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Five years suspension for your driver’s license
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DUI school for 30 months
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Compensation for the victim
However, if you are being charged with a felony DUI for prior convictions, you will be sentenced to only 16 months to 3 years in prison, $1,000 in fines, four years suspension for your license, and 30 months of school.
Collateral Consequences
After your penalties, DUI cases will still affect your life in the future. You will have trouble finding work, renting or buying a home, and participating in specific state welfare programs. Since your license is suspended, you will have difficulty traveling or operating a vehicle.
Contact a DUI defense attorney from our firm to help you defend yourself against these charges. A Los Angeles criminal defense attorney is your best bet at getting a restricted license for you to be able to travel again.
Legal Defenses Against Felony DUI Charges in Los Angeles, CA
Once you are under a DUI arrest, it does not mean that you will be instantly convicted. You have the right to contact your lawyers to defend yourself legally and fight against the prosecution. Here are a few legal defenses you can make after DUI arrests:
- The arresting officer did not perform field sobriety tests correctly;
- Field sobriety tests can be inaccurate;
- There are no prior DUI cases in your record;
- You are being falsely accused;
- You did not cause bodily injury or wrongful death;
- You were not under the influence of drugs or alcohol during the incident.
Once you are being charged with a DUI, the prosecution must prove beyond reasonable doubt that you were under the influence during the accident. These are just a few defenses that our team of defense attorneys is ready to use against the prosecution.
Why Choose Los Angeles Criminal Defense for Your Felony DUI Charge in Los Angeles, California
The Los Angeles Criminal Defense law firm has an expert defense team for your criminal offenses. Your Los Angeles criminal defense attorney will have over 18+ years of experience practicing DUI laws and a consistent track record of successful results.
We will help you build your felony DUI defense to get your Los Angeles felony DUI dismissed. You can check our reviews to see what our clients say about us. Here is a list of other crimes a defense attorney from our firm can handle in California.
Los Angeles Felony DUI FAQs
Here are the most frequently asked questions for Felony DUIs in Los Angeles:
Driving under the influence is considered a misdemeanor charge. However, if your conduct while driving caused a person’s injuries or death, you will be given a felony charge.
You can also be given a felony DUI for driving under the influence when you have had DUI convictions in the past. The prosecution will look into your criminal record to check for prior convictions.
However, you won’t instantly be convicted of a DUI after your arrest. Contact a defense lawyer from our firm to help you with your case.
Your DUI will stay on your record for ten years and will be used by the California Department of Motor Vehicles (DMV) in making the decision to suspend or reinstate your license.
These ten years make a difference when you are charged with another DUI offense. You will be convicted of a felony for every subsequent DUI charge according to Vehicle Code 23540 VC.
Contact one of our defense attorneys to help you with your DUI charge. We will fight for your ability to travel or to get your case dismissed.
A DUI is considered a criminal offense and will show up on a criminal background check. This will mostly happen during pre-employment background checks that include a driving record check.
A driving record check is also known as a motor vehicle record check (MVR). A DUI conviction will most likely appear there if you are applying for work.
Contact a Los Angeles DUI defense lawyer for help in getting your case dismissed or having your charges reduced.
A DUI on your record will be life-changing, especially if it is a felony DUI. Aside from the criminal penalties, you will also face collateral consequences that can affect your opportunities in the future.
You will have trouble finding work and looking for a place to call home. With your license suspended, you will not be able to travel freely across the state. Contact a Los Angeles DUI defense attorney from our firm to help you with your felony DUI cases.
Contact a Los Angeles Felony DUI Attorney for a Free Consultation Today
Having a felony DUI offense in your criminal record can have life-changing consequences on your future. The legal penalties can lead to state prison, a suspended license, and a DUI school.
You can contact one of our criminal defense lawyers at 888‑885‑8844, and you can locate our office here. We offer a free consultation protected by an attorney-client relationship for your criminal charges.
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