In California, most DUIs are charged as misdemeanors. However, a DUI can be charged as a felony offense, carrying significantly greater punishments and negative consequences. If you are facing a felony DUI charge, you need an experienced Lakewood DUI lawyer to defend your rights and privileges.
At Los Angeles DUI Lawyer, we can put you in touch with a knowledgeable felony DUI lawyer serving Lakewood. Our team has been a legal resource available to California residents for nearly two decades.
We help find you an attorney who can defend you from the charges and look for ways to either reduce or dismiss your DUI charges and protect your freedoms to the maximum extent possible. Send us a message today to learn more about how a felony DUI attorney can help.
Why You Need a Lakewood DUI Lawyer
A misdemeanor DUI already has negative consequences, but a felony DUI can cause even greater problems. If you have repeated DUIs, you will be considered a habitual offender and face more scrutiny in court. Causing injuries could also result in a civil case where you have to pay restitution to the victim.
A lawyer can help with your felony DUI case by gathering evidence and looking for opportunities to reduce or dismiss your charges. A DUI lawyer can also attend administrative hearings with you to help challenge license suspensions and other penalties. Your choice of attorney can mean the difference between dismissed charges and receiving the maximum punishment.
Felony DUI Definition in California
California law treats most DUIs as misdemeanor offenses. However, there are three circumstances where a DUI will instead be charged as a felony:
- The offender has three prior misdemeanor DUI convictions within 10 years.
- The offender has a prior felony DUI conviction within 10 years.
- The offender caused a DUI accident resulting in injury or death.
Aggravating Circumstances that Can Result in Felony DUI Charges
In addition to the above, various aggravating factors can cause what would be a misdemeanor DUI to be charged as a felony offense, including:
- High BAC Level. California’s BAC limit for DUIs is 0.08%, but California Vehicle Code 23578 defines enhanced DUI penalties if your BAC was greater than or equal to 0.15%.
- Excessive speeding. You can also face enhanced charges and mandatory jail time if you are speeding more than 20 mph over the posted limit.
- Refusal to submit to a test. Refusing to submit to a chemical breathalyzer test after being arrested is a separate offense that can result in enhanced DUI penalties.
- Driving on a suspended license. If you were driving on a suspended license that you lost from a previous DUI, a subsequent DUI may be charged as a felony.
- Minor in the vehicle. Committing a DUI while a minor is in the vehicle can result in mandatory jail time and child endangerment felony charges.
Penalties for Felony DUIs in Lakewood
The exact penalties for a felony DUI depend on the specific circumstances surrounding the crime and the severity of the offense. A fourth DUI conviction can result in up to three years in prison and a four-year license suspension, including fines of over $10,000.
However, if the DUI causes death, you could be facing up to ten years in prison if gross negligence is proved. In addition to prison and fines, offenders may have to attend mandatory alcohol counseling and drive with an ignition interlock device (IDD) for several years.
Other Penalties for a Felony DUI
A felony DUI conviction will show up on background checks and may make you ineligible for employment in positions where driving is a major job requirement. More generally, a DUI can harm your social reputation and strain personal relationships, not to mention the financial difficulties of paying fines and administrative penalties.
Can You Reduce a Felony DUI to a Misdemeanor?
Dropping a felony DUI charge to a misdemeanor is possible through what is known as a 17(b) motion. With a 17(b) motion, your attorney can ask the court to treat the crime as a misdemeanor rather than a felony. The court has discretion to charge some offenses at lower levels on a case-by-case basis.
Reducing a felony charge to a misdemeanor can be difficult without an experienced Lakewood felony DUI lawyer. However, it may be worth the effort to face less severe penalties and fewer lost privileges (e.g., gun rights).
Note that some DUI offenses, such as DUI involving death, are always charged as felonies and cannot be reduced to a misdemeanor. Also, your attorney can only request a reduction if you haven’t yet served prison time for the crime.
Get in Touch With a Felony DUI Lawyer Serving Lakewood
The consequences of a felony DUI conviction can upend your personal and professional life and truncate your liberties. An experienced felony DUI lawyer serving Lakewood can start building your defense and represent you at every step of the criminal process.
Facing a felony charge might seem overwhelming, but there are options for relief and guidance. Contact Los Angeles DUI Lawyer online today, and we can connect you with a Lakewood felony DUI lawyer.
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