A DUI charge can be either a misdemeanor or a felony in California. The difference depends on the details of the case. Factors like prior DUI convictions, serious injuries, or having a minor in the vehicle can elevate the charges to a felony DUI.
Hurwitz Law Group Los Angeles Criminal Defense Attorney helps clients facing DUI offenses understand their rights and options. A felony DUI conviction can lead to serious penalties, including license suspension, jail time, and a permanent criminal record.
With the help of an experienced DUI lawyer, you can build a defense to fight these charges and protect your future.
In California, a DUI means driving with a blood alcohol concentration (BAC) over the legal limit of 0.08%. A few key details about DUI offenses in California, including penalties and related laws, include:
California law defines drunk driving under California Vehicle Code Section 23152. This statute covers driving with a BAC of 0.08% or higher or under the influence of drugs. For commercial drivers, the limit is lower, at 0.04%.
The state also enforces stricter rules for drivers under 21, with a BAC limit of 0.01%. Drivers under the age of 21 cannot have any alcohol in their bloodstream at all. In addition, driving while under the influence of prescription drugs or controlled substances also qualifies as a DUI offense.
If convicted, penalties include fines, license suspension, mandatory DUI school, and even jail time. The severity of the punishment depends on whether it’s a first-time or subsequent DUI offense. Drivers with a third DUI offense or accidents involving serious bodily injury may face harsher penalties.
In California, a DUI is usually charged as a misdemeanor, but certain factors can raise it to a felony DUI. These factors include repeat offenses, accidents causing serious bodily injury, or having a minor in the vehicle.
A few of the situations that can turn a DUI into a felony offense and what this means for drivers include:
Having multiple prior DUI convictions can escalate new charges to a felony DUI. California law imposes harsher penalties for repeat offenders, especially those with three or more DUI offenses within ten years.
A third DUI offense or subsequent charges may result in huge penalties. These can include longer jail sentences, higher fines, and extended license suspension periods. Courts view repeated offenses as a pattern of risky behavior, which increases the likelihood of a felony conviction.
Drivers facing repeat charges need skilled legal counsel to challenge the case or reduce penalties. A strong defense can help protect your future from the consequences of a felony DUI.
Driving while intoxicated with a child passenger is considered child endangerment under California law. If the driver is charged with a DUI, this factor can escalate it to a felony DUI.
The state takes these cases very seriously because of the increased risk to the child. Penalties include jail time, steep fines, and the loss of driving privileges. Courts may also require drivers to attend parenting programs in addition to standard DUI penalties.
Having a skilled DUI lawyer is essential in these cases to address both the DUI charges and the potential child endangerment allegations.
A felony DUI conviction can lead to long jail or prison sentences. For cases involving serious bodily injury or death, sentences could be several years in length, depending on the severity. Repeat offenders often face longer mandatory minimum sentences.
Unlike the shorter terms associated with misdemeanors, these sentences can significantly disrupt your life. Being away from work and family for years can cause long-term financial and emotional strain. Courts impose these penalties to deter drunk driving and protect the public from dangerous behaviors.
A seasoned DUI lawyer can argue for reduced sentences or alternative options, like probation or rehabilitation programs. The right legal strategy can make a big difference in minimizing jail time and protecting your future.
A felony DUI comes with heavy financial penalties. These include court fines, restitution for victims, and costs for mandatory programs like DUI school. Fines can go from thousands of dollars to much higher amounts, especially in cases involving serious bodily injury or multiple offenses.
In addition to fines, losing your driving privileges for an extended period can be life-changing. A revoked or suspended license can make it hard to get to work, school, or appointments. For some, the financial and practical challenges of losing a license are just as impactful as the fines themselves.
Working with a competent DUI lawyer can negotiate alternatives, like restricted licenses or payment plans, which can ease the burden.
A felony DUI conviction creates a permanent criminal record, which can affect every part of your life. Employers, landlords, and licensing boards often perform background checks. A felony can make it harder to find work, secure housing, or obtain certain professional certifications.
The stigma of a felony can also harm personal relationships and limit future opportunities. It can prevent you from qualifying for jobs that require a clean record, especially in fields like healthcare, education, or government. Even non-criminal job applications may ask about felonies, further complicating your options.
An experienced DUI attorney can help fight these charges to reduce or avoid a felony conviction. Clearing your record, when possible, can open doors and allow you to rebuild your future.
Defending against a felony DUI charge requires a strong legal strategy. These charges carry severe consequences, but a reliable attorney can explore ways to reduce or dismiss them. Some of the common defense strategies are:
One key defense is questioning whether the traffic stop or arrest was legal. Police must have valid reasons, such as erratic driving or a traffic violation, to stop your vehicle. If they lacked probable cause, any evidence gathered during the stop, like breath tests or field sobriety results, may be thrown out.
If an arrest was made improperly, such as without reading your rights or following proper procedures, the charges could be challenged. Your attorney will review police reports and body camera footage to find any errors in the process. These mistakes can weaken the prosecution’s case and may result in the charges being dismissed.
Testing errors are another common defense. Breathalyzers and blood tests must be administered correctly to provide accurate results. Machines can malfunction, or testing procedures may not be followed, leading to unreliable results.
Your lawyer will examine whether the equipment was calibrated properly or if the sample was handled correctly. They may also challenge whether your blood alcohol content (BAC) truly exceeded the legal limit at the time you were driving. Raising doubts about the test results can help reduce penalties or even lead to the DUI charges being dropped.
Sometimes, there may be mitigating circumstances or a lack of intent behind the alleged offense. For example, if you unknowingly consumed alcohol or a controlled substance, your lawyer may argue that you didn’t realize you were impaired.
Other defenses include medical conditions, such as diabetes or acid reflux, that can falsely elevate BAC readings. Your attorney can present evidence to show that your impairment was not intentional or as severe as claimed. These arguments can help reduce the charges or penalties associated with a felony DUI.
Facing a DUI felony charge is overwhelming. The penalties are far more severe than a misdemeanor DUI and can affect every part of your life.
At Hurwitz Law Group Los Angeles Criminal Defense Attorney, our experienced team is here to help you fight these charges. We know how important it is to protect your rights and work toward the best outcome.
A DUI felony is a serious criminal offense, but that doesn’t mean you are without options. You can challenge the evidence, question the arrest, and explore every possible defense with the help of a professional and skilled DUI defense attorney. Our legal team works to minimize penalties, whether through negotiation or going to trial.
Don’t face these charges alone. Contact us today for a free consultation.
Brian Hurwitz Has 10+ Years of Criminal Defense Experience
Affordable Fees and Payment Plans
We Offer No-Cost, Confidential Phone Consultations
