Are you currently facing charges for a felony DUI in Montebello? A misdemeanor DUI is bad enough, but a felony DUI is another level of severity. A felony DUI can lead to prison, license suspensions, and administrative fines. That’s not even mentioning the professional and social consequences of a felony DUI conviction.
You need a dedicated Montbello DUI lawyer to protect your rights and preserve your privileges to the greatest extent possible. A lawyer can defend you against charges and seek a favorable outcome for your case.
Contact Los Angeles DUI Lawyer today. We have helped thousands of people facing DUI charges, and we’re ready to connect you with a Montebello felony DUI lawyer. Time is of the essence, so don’t delay.
What is a Felony DUI in Montebello?
DUIs in California are typically treated as misdemeanors, which carry up to a maximum of one year in prison. However, there are three circumstances when a DUI will instead be charged as a felony:
- It is your fourth DUI conviction within ten years.
- You have a prior felony DUI conviction.
- You caused an accident resulting in injury or death.
If any of the above are true, then the DUI will most likely be a felony charge. There are aggravating factors that add additional punishments to misdemeanor charges (e.g., excessive speeding, having a minor in the vehicle, etc.). But felony charges are typically reserved for these three circumstances.
Felony DUI Penalties in California
The penalties for a felony DUI in California can vary significantly, depending on the nature of the specific offense and aggravating factors. For instance, four or more DUI convictions in ten years can carry a sentence of up to three years in jail. The penalties for a DUI resulting in injury can be up to four years in jail.
A DUI resulting in death will likely be charged as gross vehicular manslaughter, a felony that can carry up to ten years in prison. If you have a previous DUI conviction, a DUI resulting in death may be charged as wanton murder, which can carry a 15-year incarceration sentence.
Aside from criminal penalties, a felony DUI can impact employment prospects. With a felony DUI conviction, you will most likely be unable to work any position where driving is a job duty. Felons can also have difficulties finding housing and applying for public benefits.
You Can Request an Administrative Hearing
Whenever you are arrested for driving under the influence, you have the right to request an administrative hearing with the DMV. The purpose of this hearing is to determine whether you’ll be allowed to keep your license. You and your lawyer can present evidence to a judge, who will make a decision on your driving privileges.
You must request a hearing within 10 days of being arrested, or else you’ll lose your chance. If your license suspension is sustained at the hearing, but you are not convicted of a DUI, the DMW will remove the suspension following the verdict.
Possible Defenses to Felony DUI Charges
Below are some of the most common defenses that a Montebello felony DUI lawyer could utilize to defend you against the charges:
Process Violations
The police in California must have a reason to pull drivers over. They must also follow specific procedures when arresting suspects and collecting evidence. If the police illegally stopped you or otherwise violated your rights, a lawyer could argue to suppress any evidence, including incriminating BAC tests.
Not Driving
California’s DUI definition requires the driver to actually be driving and intentionally make the car move. If you were in the passenger seat, or the engine was off and you didn’t have the keys, a lawyer could argue that the police have no proof you actually drove the vehicle.
Unreliable BAC Results
BAC tests are generally reliable but not completely foolproof. They can return incorrect results if the test is administered improperly or if the sample is contaminated. If your lawyer can successfully argue against faulty BAC test results, it could defang a significant element of the prosecution’s argument for guilt.
Improper Field Sobriety Tests
Field sobriety tests are allowable as probable cause to arrest suspects for drunk driving, but they are less valuable in court as formal evidence. Sobriety tests rely on subjective judgments of the officer, and results can be skewed by reasons unrelated to intoxication. For example, performing the test on uneven ground can result in a failure even if you’re not drunk.
Contact a Felony DUI Lawyer Serving Montebello
The consequences of a felony DUI conviction can be devastating to your personal freedoms, professional career, and social reputation. A lawyer can be an invaluable asset as you see a path to the most favorable resolution. Send a message to Los Angeles DUI Lawyer online or call us today, and we can connect you with a felony DUI attorney serving Montebello.
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