Were you arrested under suspicion that you were operating a vehicle while intoxicated? Driving under the influence (DUI) is a serious matter, especially if your charges are for a felony DUI. However, a Glendale DUI lawyer can help you figure out what to do next.
At Los Angeles DUI Lawyer, we have decades of experience connecting thousands of clients with attorneys who know how to handle DUI cases. With a Glendale felony DUI lawyer by your side, you’ll have someone advocating for your rights every step of the way.
What is a Felony DUI in Glendale?
In California, it is illegal to operate a vehicle while under the influence of alcohol and drugs or both. Whether your DUI charge is classified as a misdemeanor or a felony depends on the circumstances of the offense.
A felony DUI is typically charged when aggravating factors are present. This includes the following circumstances:
- Multiple DUI offenses: If you have been convicted of two or more DUIs within the past 10 years, the state may elevate your charge to a felony DUI. In some cases, even a third DUI can result in a felony charge if certain conditions apply.
- DUI with injury or death: If you cause an accident that results in serious injuries or the death of another party because you drove under the influence, you might face felony DUI with injury or felony DUI manslaughter charges.
- DUI with a suspended or revoked license: If your driver’s license was previously suspended or revoked due to prior DUI offenses and you are caught driving under the influence again, your charge could be elevated to a felony DUI.
- DUI involving a minor: If you were driving under the influence and there was a minor in the vehicle, you might be facing felony charges because California law treats this behavior as a serious offense.
Penalties for Felony DUI in Glendale
The consequences of a felony DUI charge are far greater than the ones that stem from a misdemeanor DUI charge. Let’s take a look at the potential penalties of a felony DUI conviction.
Incarceration
A felony DUI charge can result in jail time. The length of your sentence will depend on the specifics of your case, but you could face anywhere from 16 months to three years in state prison for these two types of felony DUI charges:
- A third DUI offense
- Causing serious injury or death while driving under the influence
If you are convicted of DUI manslaughter or another felony DUI involving death, the penalty could be much higher. For example, a common sentence is 10 years—if not more—in prison. The judge may offer alternative sentencing, such as home detention or work release programs.
Fines and Restitution
In addition to jail time, a felony DUI conviction comes with hefty fines between $1,000 and $5,000 or more. The judge could also order you to pay restitution to any victims who suffered financial losses due to the accident you caused while driving under the influence.
Furthermore, you may be required to pay for the cost of DUI education programs and other expenses related to your case.
License Suspension or Revocation
If you are convicted of a felony DUI, your driver’s license will be suspended or revoked for an extended period—often several years. In some cases, the California DMV may revoke your license permanently.
In certain circumstances, you may be eligible for a restricted license, which typically requires the installation of an Ignition Interlock Device (IID) on your vehicle. It’s important to note that this may incur additional expenses.
Probation
If you are sentenced to probation instead of jail, you will still be held to strict conditions. For felony DUI offenders, probation can last three to five years, and it may include the following requirements:
- Attending a DUI education program
- Submitting to drug and alcohol testing
- Maintaining regular check-ins with a probation officer
- Refraining from committing new offenses during your probation period
If you fail to comply with the conditions of your probation, you could face additional penalties, including jail time.
Increased Insurance Rates
After a felony DUI conviction, your auto insurance premiums will likely increase. Additionally, you may be required to obtain SR-22 insurance, which is a special form of high-risk insurance for DUI offenders.
Please note that SR-22 insurance is more expensive than regular insurance, and you may be required to carry it for several years.
Possible Defenses to a Felony DUI Charge in Glendale
If you have been charged with a felony DUI, it is important to understand the defenses that could be available to you. While this type of case is often complicated and multifaceted, a felony DUI attorney in Glendale can look at the facts of your case.
From there, your legal counsel will use any of these viable defenses to work towards reducing or dismissing your charges. Here are examples of common defenses in felony DUI cases.
Illegal Traffic Stop
For an officer to stop your vehicle, they must have pro suspicion that you were violating the law, such as driving erratically or committing a traffic violation. If the police officer did not have probable cause for pulling you over, your Glendale felony DUI lawyer may challenge the legality of the stop.
Inaccurate BAC Test Results
Breath, blood, or urine tests are commonly used to determine your blood alcohol concentration (BAC). However, these tests are not foolproof, and they can be affected by various factors, such as improper administration of the test, equipment malfunction, or contamination of the sample.
Your lawyer can challenge the accuracy of the test results and argue that they should not be used as evidence.
Lack of Injury or Death
If you are charged with a felony DUI with injury or death, but you can prove that no one was seriously injured or killed in the incident, it may be possible to have the charges reduced to a misdemeanor DUI. Your attorney could also work to have your charges dismissed entirely.
Medical Conditions or Prescription Medication
Certain medical conditions and prescription medications can lead to symptoms that mimic impairment, such as slurred speech or unsteady movement. Your lawyer can argue that your condition or medication caused the symptoms that led to the arrest, not drugs or alcohol.
False Positive on Field Sobriety Tests
Field sobriety tests are subjective. They can also be influenced by a number of factors, such as nervousness, fatigue, or road conditions. If you failed these tests yet there is no concrete evidence that you were under the influence, your lawyer can challenge the test results.
Why You Should Hire a Felony DUI Attorney in Glendale
While representation is not required for felony DUI cases, we highly encourage those facing charges of this nature to consult with a Glendale felony lawyer. Your attorney can represent you throughout the entire legal process.
Provide Reliable Legal Advice
California DUI laws are complicated, and felony DUI cases often involve other legal elements, such as serious injury, prior convictions, or a history of DUI offenses. A lawyer with experience handling felony DUI cases will have a deep understanding of California’s DUI laws.
As a result, they can provide you with professional guidance and help you understand the charges you’re facing as well as the penalties that could ensue.
Defend You Against Your Charges
Your lawyer can evaluate all aspects of your case and build a strong defense strategy tailored to your specific situation. They will investigate the details of your arrest, challenge any evidence that could be used against you, and fight to reduce the charges if not have them dismissed.
Negotiate on Your Behalf
In some cases, your attorney can negotiate a plea deal that reduces the charges or results in a lesser sentence. If jail time is unavoidable, your lawyer can advocate for alternative sentencing options, such as house arrest or community service.
Protect Your Future
A felony DUI conviction can have life-altering consequences. That said, with the help of your attorney, you can work toward minimizing the impact of the conviction on your career, driving privileges, and personal life.
Can a Felony DUI Charge Be Reduced to a Misdemeanor?
The answer to the question, “Can a felony DUI drop to a misdemeanor?” is yes—a felony DUI charge can be reduced to a misdemeanor. However, whether or not this is a possibility for you will depend on the circumstances of your case.
It typically happens if your charge was based on prior DUI convictions rather than an accident involving injury or death. Your felony DUI attorney in Glendale might argue that the prosecution lacks sufficient evidence to prove felony-level conduct.
Alternatively, your legal counsel can state that mitigating factors warrant a lesser charge. Also, if procedural errors occurred during your arrest—such as an unlawful stop or improperly conducted sobriety tests—your lawyer may challenge the validity of the charge.
Will You Lose Your Driver’s License if You’re Convicted of a Felony DUI?
Yes—you will lose your driver’s license if you’re convicted of a felony DUI. A conviction of this nature typically results in the suspension or revocation of your driver’s license. A felony conviction can lead to a multi-year suspension or permanent revocation in severe cases.
If your DUI caused injury or death—or if you have multiple prior offenses—your license penalties will likely be more severe. Additionally, a DMV administrative hearing, which is separate from the criminal court process, determines whether your driving privileges will be suspended.
However, depending on your case, you may be eligible for a restricted license that allows you to drive under certain conditions. This often requires the installation of an Ignition Interlock Device (IID) on your vehicle, which prevents the car from starting if alcohol is detected in your breath.
How Long Will a Felony DUI Stay on My Record in California?
A felony DUI conviction will remain on your criminal record permanently unless you take steps to have it expunged. In California, a felony DUI is a priorable offense. In other words, a charge of this nature can impact your sentencing in the future if you are arrested again.
Even if you complete your sentence, a felony DUI conviction can affect your employment opportunities, housing applications, and professional licensing. Employers and background check agencies will typically see a felony DUI unless it is successfully expunged or pardoned.
If you successfully finish probation and fulfill all court requirements, you can petition the court for an expungement. In the event that your request is granted, the conviction will be marked as dismissed on your record, though it may still be visible to certain government agencies.
How Can a Felony DUI Conviction Affect My Employment Opportunities?
A felony DUI conviction might reduce your employment prospects because many employers conduct background checks prior to hiring. Certain industries have strict policies against hiring individuals with felony convictions.
Additionally, job positions that require employees to hold a professional license—such as those in law, real estate, or medicine—might be out of the question. This is due to the way licensing boards often review criminal histories when granting or renewing certifications.
Even if your current place of employment does not run a background check, a felony DUI conviction could affect your career advancement. Some employers may have policies that prohibit the promotion of individuals with a felony record. Others may terminate you altogether.
Contact Us Today to Meet With a Felony DUI Law Firm in Glendale
If you’ve been arrested for a felony DUI and you’re currently facing charges, don’t wait to reach out for legal help. At Los Angeles DUI Lawyer, we are here to provide you with resources and point you in the direction of effective legal representation.
We understand the stakes of your case, and that’s why we’re committed to helping you connect with a Glendale felony DUI law firm that can help you work toward a favorable outcome. The sooner you call us, the sooner an attorney can build a defense strategy on your behalf.
