A felony driving under the influence (DUI) charge is more serious than a misdemeanor. If you try to ignore a felony DUI, you could get convicted and receive severe penalties. Alternatively, you can partner with a San Diego felony DUI lawyer to fight back against your charge.
Trust a San Diego DUI lawyer to handle your case. Work with an attorney with years of experience, as they will search for ways to have your charge reduced or dismissed. Consult with a Los Angeles DUI lawyer today.
What It Means to Be Charged with a Felony DUI
You can receive a driving under the influence charge if the police find you are operating a vehicle and have a blood alcohol concentration (BAC) exceeding the legal limit. A first, second, or third DUI is often treated as a misdemeanor. Driving under the influence becomes a felony if any of the following are true:
- You have been convicted of a misdemeanor DUI at least three times in 10 years.
- You were previously convicted of a felony DUI.
- You cause a car accident in which someone is hurt or killed.
A San Diego felony DUI attorney gives your driving under the influence charge their undivided attention. They work diligently to combat your California felony DUI and position you to achieve a favorable case outcome. Discuss your driving under the influence case with a Los Angeles DUI lawyer.
San Diego Felony DUI Penalties That You Need to Know About
A felony DUI lawyer serving San Diego can teach you about the penalties for repeat offenders and individuals arrested for driving under the influence that results in accidents where people are injured or killed. They can build a case designed to show the court that you should not be punished. Below are some of the penalties associated with felony DUI convictions in San Diego.
Time in Jail
At a minimum, you could receive a jail sentence of 16 months. The court could sentence you to life in prison if you are convicted of a felony DUI that results in death. Your attorney wants you to avoid jail for a DUI and can develop an argument designed to prove to the court that you do not deserve this punishment.
A Fine
The court could fine you up to $10,000 for a felony DUI. This fine can be levied with other driving under the influence punishments. Along with these punishments, a felony DUI conviction can hurt your earning potential, as it will appear on a background check that employers can use to determine if you are a viable candidate for a job.
Probation
You could be subject to a maximum of five years of probation following a felony DUI conviction. The terms of your probation could include having to submit to chemical tests and perform community service.
Suspension of Your Driver’s License
Your driver’s license can be suspended if you are convicted of a felony or misdemeanor DUI. A fourth DUI charge is classified as a felony and can result in a license suspension of up to four years. In certain felony DUI cases, the court will revoke an offender’s driver’s license for the rest of their life.
Having to Put an Ignition Interlock Device (IID) in Your Car
The California Department of Motor Vehicles (DMV) can require drivers to have interlock ignition devices in their cars based on DUI convictions. If convicted of a felony DUI, you could have to keep an IID in your car for four years.
Losing the Right to Own a Gun
Based on CA Penal Code 29800, a felony DUI conviction can prevent you from owning a gun. You could avoid this penalty by asking the court to lower your felony to a misdemeanor. A felony DUI attorney serving San Diego can walk you through this process and represent and advocate for you every step of the way.
The prosecution wants you to face harsh felony DUI penalties. Your attorney examines your case and assesses the prosecution’s argument. They could pursue opportunities to have your felony DUI dropped to a misdemeanor.
How Can a Felony DUI Be Reduced to a Misdemeanor?
There is no guarantee that the court will reduce your felony driving under the influence charge to a misdemeanor. A San Diego, CA, felony DUI lawyer helps you establish realistic expectations for your case. They can describe factors that could compel the court to reconsider your charge.
For instance, a DUI causing injury is a wobbler, and it can be punished as a felony or misdemeanor. The court will evaluate your criminal history as it decides whether you should be convicted of a felony. If you have no past criminal convictions, you could face misdemeanor DUI penalties.
Your lawyer can provide details about when a DUI is a wobbler. They could argue that your charge should be treated as a misdemeanor. If your attorney succeeds, you could avoid jail time and other major penalties.
San Diego Felony DUI Legal Strategies to Consider
A San Diego, CA felony DUI attorney wants your argument to resonate with the court. They review various DUI strategies and how they could be used to disprove the prosecution’s argument. DUI strategies that could help you in your felony case include:
The Police Did Not Have Probable Cause
Police officers must have reasonable suspicion to stop your car. Your lawyer could dispute whether there was probable cause in your California DUI case. If the police did not have a valid reason for your traffic stop, the court may be inclined to dismiss your case.
Your Field Sobriety Test (FST) Was Not Administered Correctly
The police do not give you instructions for a field sobriety test. You complete the test incorrectly, which prompts police officers to arrest you for driving under the influence. Your lawyer can point out that your test was not administered properly, which the court will account for as it debates whether to punish you to the fullest extent of the law.
Your BAC Was Below the Legal Limit
You could have slurred speech or displayed other signs of impairment that led the police to charge you with driving under the influence. Meanwhile, police may not have administered a breath test or found your BAC was lower than the legal limit for a DUI. In either scenario, your lawyer could say there is not sufficient evidence to prove you should be convicted.
GERD Skewed Your BAC Test Result
Gastroesophageal reflux disease (GERD) can cause reflux and alcohol from the stomach to go back into the mouth. As such, GERD can cause an inaccurate BAC reading. Your attorney could present medical evidence to show the court that you are dealing with GERD and that this condition may have impacted your BAC test result.
You Were Involuntarily Intoxicated
There are instances in which a person is given a substance without knowing about it, which causes them to become intoxicated and leads to a DUI arrest. Your lawyer could explain to the court that you were intoxicated due to no fault of your own. This argument could make the court question whether a conviction is warranted.
Your lawyer remains on your side throughout your litigation. They offer legal guidance and support, address your legal concerns and questions, and make sure you are prepared for your trial.
Tips to Help You with Your Felony DUI Case
Contact a felony DUI lawyer serving San Diego, CA, after your driving under the influence arrest. Your lawyer can guide you through your legal proceedings. They can share tips to help you deal with the aftermath of your DUI arrest and build a case to contest your charge, such as:
Collect Evidence
Gather witness testimony, medical records, and other evidence. It is not enough to say you should not be found guilty of a felony DUI. Together, you and your lawyer can obtain proof that makes it difficult for the prosecution to get a conviction.
Challenge the Prosecution’s Evidence
Analyze the prosecution’s evidence and how they will present it. A felony DUI attorney serving San Diego, CA, may request that this proof be deemed inadmissible. If the police did not follow protocols or made other mistakes when they were collecting evidence, the court could suppress this proof, which could damage the prosecution’s case.
Stay Silent
Do not respond if the police or anyone else other than your lawyer reaches out to you about your case. What you say can be used against you. Allow your attorney to speak about your case for you, and they will keep you informed about all relevant communications.
Attend Court Hearings
Keep track of your court hearings, and do not miss them. Forgoing a hearing can hurt your chances of achieving your desired case result. Your lawyer can provide information about court hearings and attend these sessions with you.
Join an Alcohol Treatment Program
Enroll in an alcohol treatment program to show the court that you are taking measures to prevent future driving under the influence charges. This could help you deal with the consequences of your DUI. Your lawyer can share information about your program with the court, which could influence your ruling.
Receive Professional Counseling
Talk to a professional counselor if you feel it will benefit you. Counseling may allow you to get to the root of any issues that contributed to your driving under the influence charge. In addition, your attorney can provide the court with information about your decision to sign up for counseling, which could strengthen your case.
Treat Yourself Well
Find safe, healthy, and effective ways to cope with your emotions as you go through the legal process. It can be overwhelming to think about the punishment you could receive if you are convicted of a felony DUI. Do your best to take care of yourself, and communicate and collaborate with your lawyer as legal challenges come up along the way.
Your lawyer is accessible during your litigation. They explain the legal process and provide updates at each stage. Your attorney ensures you know what to expect when you enter the courtroom for your trial and feel confident about your case.
How a Felony DUI Trial Works
A felony DUI attorney serving San Diego, CA, gives you a rundown of trial proceedings. In a trial, your lawyer presents your argument and discusses why you should be found not guilty. The prosecution explains why the court should hold you accountable for driving under the influence.
The burden of proof is high in a DUI case. Your lawyer can share proof that could make the court agree with your point of view. On the other hand, the prosecution could provide evidence that leads the court to believe that you should be convicted of a DUI.
Your lawyer and the prosecution can question witnesses on both sides of your case. Ideally, there will be doubts about whether your DUI charge is justified. If so, the court could rule you are not guilty, and you can keep your freedom.
Get Help from San Diego Felony DUI Lawyers Who Know the Ins and Outs of the Legal Process
You are worried about how your felony driving under the influence case will turn out. At this point, request legal help from San Diego felony DUI attorneys. That way, you can receive legal assistance as the case proceedings move forward.
Let a Los Angeles DUI lawyer assist you with your felony driving under the influence case. Choose an attorney who has provided legal services and support in thousands of cases to craft your argument. Meet with a DUI lawyer.
