Are you currently facing criminal charges for a felony DUI? When fighting a felony DUI, the stakes are incredibly high. A guilty verdict can mean a substantial prison sentence and license suspensions, not to mention the social and reputational consequences of a DUI conviction.
A La Habra DUI lawyer can defend your freedoms and protect your rights from state overreach and violations. Your choice of lawyer can mean the difference between a case dismissal and the maximum penalty, so you must choose wisely.
Contact Los Angeles DUI Lawyer today to learn more about how a La Habra felony DUI lawyer can help. Our team has decades of experience connecting people facing DUI charges with experienced representation. Time is of the essence in these cases, so don’t delay.
When is a DUI a Felony in California?
Driving under the influence (DUI) in California is usually treated as a misdemeanor crime. But DUIs can be charged as felony crimes in some circumstances. There are three main scenarios where DUIs get charged as felony offenses:
- It is your fourth DUI conviction or more within ten years.
- You have a prior felony DUI conviction.
- You caused an accident resulting in injury or death.
Otherwise, a DUI will be charged as a misdemeanor. There are aggravating DUI factors that can result in enhanced misdemeanor punishments (e.g., having a BAC > 0.15%), but felony charges are typically reserved for these three situations.
Note that a lower-level “wet reckless” conviction still counts as a prior DUI offense for the purposes of determining repeat DUIs. So if you have two DUIs and a wet reckless within ten years, a new DUI would count as a felony offense.
Penalties for Felony DUI in La Habra
Felony DUI penalties vary depending on the specific offense committed. A standard felony DUI (e.g., fourth DUI) can carry between 16 months and three years in prison, as well as a fine of $1,000. Most felony DUI convictions will result in a license suspension and require the mandatory installation of an ignition interlock device (IID).
If you cause a DUI accident that results in death, the penalties can be much steeper. A DUI resulting in death can be charged as vehicular manslaughter under California Penal Code 192(c), which can carry up to 10 years in a state prison, among other penalties.
Needless to say, these penalties are extremely harsh and can drastically change the course of your life. With a felony DUI, you won’t be able to hold certain jobs and may have difficulties finding housing. A lawyer can vigorously defend you from the charges or work to secure a lesser charge and less severe punishments.
Defenses to Felony DUI Charges
Prosecutors pursue felony DUI charges vigorously in California, so you need a robust defense that covers all your bases. Below are some common strategies that a La Habra felony DUI lawyer could use to defend you against the charges:
Unlawful Stop
One of the most common strategies is challenging the legality of the initial DUI stop and arrests. Police must have probable cause to pull you over and must follow specific protocols when conducting DUI arrests. If police violate these rules, any evidence they gather could be thrown out of court.
Unreliable BAC Results
Chemical blood tests are generally accurate but not foolproof. They can give false positives if samples are contaminated or tests are administered improperly. Your lawyer can challenge BAC results by questioning the chain of custody or testing procedures. Certain medical conditions may also give false positive BAC readings.
Not Driving
California’s DUI laws define a DUI as actually driving a car when under the influence. If you didn’t actually drive a vehicle, there is no DUI. For example, if your keys weren’t in the engine or your car was stationary in a parking lot or driveway, a lawyer could argue that you didn’t actually move the car and didn’t commit a DUI.
Inaccurate Field Sobriety Test
Field sobriety tests rely on officers’ subjective judgments, so their results are not 100% objective. Test results can also depend on factors that are completely unrelated to being intoxicated, like the terrain or your baseline balance and coordination.
Field sobriety tests can give probable cause for an arrest, but they are rarely sufficient to secure a conviction on their own.
Contact a Felony DUI Lawyer Serving La Habra
The consequences of a felony DUI can completely upend your life, rob you of your freedoms, and impact your future prospects. You need an experienced criminal defense attorney to protect your rights and seek the best possible resolution to your case. Without an attorney, you could be facing the maximum penalty, so you need to secure legal counsel for your own sake.
Feel free to send Los Angeles DUI Lawyer a message online, and we can connect you with a felony DUI lawyer serving La Habra. Delays can jeopardize your case, so don’t hesitate to reach out.
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