Are you facing felony charges for driving under the influence (DUI)? In California, felony-level DUIs are a very serious matter that can yield life-altering consequences professionally, personally, and legally.
That’s why it’s important to contact a Santa Ana DUI lawyer as soon as possible. At Los Angeles DUI Lawyer, we’ve spent decades connecting thousands of people facing criminal charges with legal counsel that could represent them.
We’re here to help you find a Santa Ana felony DUI lawyer who can take on your case and build a strong defense in your name. With Los Angeles DUI Lawyer on your side, you’ll be able to retain legal counsel for your case.
What is Considered a Felony DUI?
As your Santa Ana felony DUI attorney will likely explain to you, a felony DUI charge is issued when aggravating circumstances are present.
More specifically, felony DUI charges often apply when the impaired driver’s actions were particularly dangerous or harmful. Here are the factors that will likely be considered when determining which type of DUI you’ll be charged with:
- Multiple prior DUI offenses: If you have been convicted of DUI multiple times within the past 10 years, your charge might be escalated to a felony offense.
- DUI with injury: If your DUI caused any injuries for another person, you could be facing felony charges. California law takes DUI-related injuries very seriously.
- Driving on a suspended or revoked license: If your driver’s license was suspended or revoked due to a prior DUI offense, you may face felony charges if you are caught driving under the influence again.
- Vehicular manslaughter: If you are facing DUI charges after causing the death of someone else—either as the result of an accident or a reckless act—you might be charged with vehicular manslaughter or second-degree murder. These are both recognized as felony offenses in California.
- DUI with a minor passenger: If you are caught driving under the influence while transporting a passenger under the age of 14 years old, your charge might be escalated to a felony. The penalties for an offense of this nature are far more serious than those applied to lesser DUI charges, which reflects the heightened risk you posed to a child.
It’s important to recognize that not every DUI offense automatically results in a felony charge. However, once a DUI is escalated to the felony level, the consequences become far more severe.
Common Defenses to Felony DUI Charges
Several DUI defense strategies may be raised in response to your felony DUI charges. Your felony DUI attorney in Santa Ana may implement any of these defenses on your behalf:
- Illegal traffic stop: If law enforcement officers did not have a valid reason to stop your vehicle before arresting you for DUI, the DUI charges may be dismissed.
- Improperly administered sobriety tests: Field sobriety and breathalyzer tests are not always accurate. If the tests were not properly administered, the evidence against you can be challenged.
- Rising blood alcohol content: In some cases, your blood alcohol concentration (BAC) may have been below the legal limit at the time you were driving, but then, it rose to an illegal level after your arrest due to the body’s natural absorption of alcohol. This can be used to argue that your charges should be dropped.
- Medical conditions: Certain medical conditions can mimic the signs of impairment, namely slurred speech and unsteady movements. A Santa Ana felony DUI attorney could argue that your symptoms were due to a medical condition, not drug- or alcohol-related impairment.
- Inaccurate blood alcohol tests: Breathalyzers and blood tests can both produce false positives as a result of calibration errors or contamination. Challenging the reliability of these tests can be a strong defense in a DUI case.
The Legal Process for People Charged with Felony DUI
If you are arrested and charged with felony DUI, the legal process will follow a certain sequence of events. Here’s what you can expect, starting with your initial arrest:
Arrest
The process begins when law enforcement officers pull you over under suspicion of impaired driving due to probable cause. The officer might decide to conduct field sobriety tests, request a breathalyzer test, or ask if you will submit to a blood test if they suspect you are driving under the influence of alcohol or drugs.
If the officer has reason to believe you are intoxicated, you will be taken into custody.
Booking
After your arrest, you will be taken to a local jail or booking facility. At that point, your personal information will be collected and recorded. During this stage, you may be fingerprinted, and your BAC might be measured via either a blood or breath test.
Release from Custody
Depending on the circumstances surrounding your arrest, you might get to post bail or be released on your own recognizance. In cases involving serious charges or prior convictions, bail is often set at a higher amount if not denied altogether.
Arraignment
The arraignment part of the process refers to your first court appearance. At this time, you will be formally charged with a felony DUI offense. During this proceeding, the judge will explain the charges against you. From there, you will enter a plea of guilty or not guilty.
If you plead not guilty, the court will schedule future hearings.
Pre-Trial Motions and Negotiations
After the arraignment, your case might proceed to pre-trial motions. This is where the defense and prosecution can file requests for both evidence and dismissals. During this stage, plea negotiations may also take place, and your attorney can work with the prosecution.
The goal is to secure a plea deal that could reduce the severity of your sentence or your charges.
Trial
If the case does not settle through plea bargaining, it will proceed to trial. At that time, both the prosecution and the defense will present evidence as well as witness testimonies and expert opinions that support their respective claims.
The judge—or jury—will ultimately decide whether you are guilty or not guilty of your felony DUI charges.
Sentencing
If you are convicted of felony DUI, the court will impose a sentence based on California law. Felony DUI convictions are typically accompanied by harsher penalties than misdemeanors, which often means much longer prison sentences, higher fines, and more significant probationary terms.
Penalties for Felony DUI in Santa Ana
There are several penalties you could face as a result of a DUI conviction. Let’s take a closer look at what your consequences may entail:
Prison Time
One of the more significant penalties that people who receive felony DUI convictions face is imprisonment. Felony DUI convictions in California can result in anywhere from 16 months to three years in state prison, though the exact duration will depend on the circumstances of your offense.
If the DUI caused accidents, injuries, or deaths, your prison sentence will likely be even longer.
Fines
In addition to imprisonment, a felony DUI conviction in California often comes with expensive fines. The money you owe can range between $1,000 and $5,000 or more, depending on the specifics of your case. Further costs may include restitution for the victims of your DUI incident, including medical bills, lost wages, and property damage.
License Suspension or Revocation
If you’re convicted of a felony DUI, your driver’s license will likely be suspended or revoked for an extended period. In some cases, this can be five years or more.
Reinstating your license can be a long and complicated process because it requires you to complete a DUI education course, pay certain fines, and resolve your other outstanding penalties.
Probation
Felony DUI offenders also risk being sentenced to formal probation for a period of three to five years. This can come with strict conditions.
For example, probation can require you to attend DUI education programs, perform community service, submit to random drug or alcohol tests, and adhere to other legal restrictions.
Increased Insurance Rates
A felony DUI conviction can cause your car insurance premiums to skyrocket. Insurance companies will view you as a high-risk driver, and you might have a hard time finding affordable coverage for the foreseeable future—even years after your conviction.
Criminal Record
Your conviction for felony DUI will become a permanent part of your criminal record. This can limit your ability to find employment, travel internationally, and obtain housing. A felony-level DUI can also disqualify you from certain professional licenses or certifications.
Victim Restitution
If your DUI resulted in injuries to people or damage to property, the court might order you to pay restitution to the victims of your offense. This often includes—but is not limited to—compensation for medical bills, property repairs, and other financial losses suffered by the victims.
Can I Get a Restricted or Hardship License After a Felony DUI?
It depends. A felony DUI conviction in California typically results in a lengthy license suspension or revocation, which makes it much more difficult to obtain a restricted or hardship license. Those convicted of a felony DUI often face a four-year license revocation.
Then, your eligibility for a restricted license will depend on a wide array of factors, such as prior offenses, any injuries you caused, and your history of compliance with court orders. In limited cases, you may qualify for a restricted license after a minimum of one year.
However, you often need to agree to install an ignition interlock device (IID), enroll in a DUI treatment program, and meet all DMV reinstatement requirements. A hardship license may be available under exceptional circumstances, but approval is rare for felony DUI cases.
Will You Need an Ignition Interlock Device for a Felony DUI?
If you are convicted of a felony DUI in the state of California, yes—you will need an ignition interlock device (IID) for a felony DUI. In fact, it is almost always required, though as with many cases, there are potential exceptions.
Depending on the severity of your offense, you may need to keep the IID installed for anywhere from one to four years. If your felony DUI involved injuries or you have multiple prior offenses on your record, the court may impose an extended IID requirement as a part of your sentencing.
Unlike misdemeanor DUI cases where an IID can be an alternative to license suspension, felony DUI offenders typically must serve a portion of their suspension before qualifying for an IID-restricted license.
Can a Felony DUI Be Expunged from Your Record?
Yes—a felony DUI can be expunged from your record, but it’s only possible under certain circumstances. If you were not sentenced to state prison and you successfully completed the probation requirements, you can petition the court for expungement.
However, if you served time in state prison, you usually have to seek a pardon or a certificate of rehabilitation instead. Now, even if your felony DUI is expunged from your record, this does not mean it will restore all your rights.
Also, the conviction could still appear in background checks for certain jobs or professional licenses. Additionally, expungement does not remove any DMV penalties related to your driving record, which is important to keep in mind.
Contact Us Today to Learn What Santa Ana Felony DUI Lawyers Can Do for You
A felony DUI charge in Santa Ana is a serious legal matter that imposes heavy consequences on the lives of those who are convicted. However, just because you are charged with felony DUI does not necessarily mean you are guilty of the act.
Under the court of law in the United States, everyone is presumed innocent until proven otherwise, and when it comes to defending yourself against felony DUI charges, you deserve legal representation you can trust. We’re here to help.
At Los Angeles DUI Lawyer, we can help you connect with Santa Ana felony DUI lawyers who have experience handling cases just like yours.
The sooner you reach out to us, the sooner we can provide you with resources to find the right lawyer for your case. Call now.
