When Will You Need Help From an Orange County DUI Defense Lawyer?
If you are prosecuted for driving under the influence – DUI – in Southern California, you’ll need help from an Orange County DUI lawyer with extensive knowledge of DUI testing and DUI law and considerable experience representing clients charged with driving under the influence.
A driving under the influence incident in California that ends with a fatality may result in serious criminal charges. Depending on the details, the charge may be DUI vehicular manslaughter or DUI second-degree murder.
Even if you have no previous driving under the influence convictions in California, an “implied malice” murder (what California law calls a “Watson” murder) may be charged against a motorist who drives under the influence and causes someone else’s death.
When is Driving Under the Influence a Felony in California?
And even without a fatality, a DUI charge in California – which is usually a misdemeanor charge – may instead be a felony charge for several reasons. A driving under the influence charge in California is a felony charge in these circumstances:
- Someone was seriously injured or killed by the intoxicated motorist.
- The motorist has three or more driving under the influence convictions within ten years (including out-of-state convictions and “wet reckless” convictions).
- The motorist has a previous driving under the influence felony conviction.
Depending on the details of the case, a felony driving under the influence charge may sometimes be reduced to a misdemeanor charge in California.
When Can a Felony DUI Charge Be Reduced?
If the driving under the influence case against you cannot be dropped by the prosecutor or dismissed by the judge, your Orange County DUI attorney may seek to have your DUI felony charge reduced to a misdemeanor charge.
Reducing a felony charge to a misdemeanor charge requires navigating the judicial process skillfully and may depend on specific details in the case. A DUI felony charge may be reduced when your lawyer negotiates a plea deal or challenges the state’s evidence against you:
- In some cases, a DUI felony charge in California may be reduced to a misdemeanor by plea bargaining with the prosecution. You are more likely to obtain a plea deal if no one was injured, you have no prior felony convictions, and you have a strong legal defense.
- Successfully challenging the evidence that supports a felony charge may also reduce the charge. Your lawyer may challenge breathalyzer or blood test results or the conduct of law officers, who may have violated your rights or stopped you without probable cause.
- Even after a driving under the influence felony conviction, a Penal Code 17(b) motion asks the court to reclassify the felony conviction as a misdemeanor, provided that the offense is a “wobbler” that could have been charged as a felony or as a misdemeanor.
Should You Take a Plea Offer?
Discuss with your lawyer the advantages and disadvantages of any plea deal that a California prosecutor offers. Your lawyer will recommend taking or rejecting the offer. You should take your lawyer’s advice seriously, but the final choice to take or reject a plea deal is yours.
If you face any criminal charge in this state, do not accept a plea offer, sign a legal document, or allow the police to interrogate you unless your lawyer is present. You can simply say, “I prefer not to answer questions until my lawyer can be here,” and then say nothing more.
What Are the Benefits of Reducing a DUI Felony Charge to a Misdemeanor Charge?
A DUI felony conviction may prompt a lengthy prison sentence and a prolonged driver’s license suspension. You will certainly pay a more costly fine for a DUI felony conviction, and as a convicted felon, you will also lose the right to vote and the right to possess a firearm.
Some of the reasons your Orange County DUI lawyer may seek to reduce your driving under the influence felony charge to a misdemeanor charge include:
- Avoiding time in prison: While a driving under the influence felony conviction in California may be penalized with a lengthy prison sentence, misdemeanor convictions for DUI result in shorter jail sentences or no jail time at all.
- A reduced fine: A DUI misdemeanor conviction may be penalized with a fine that is considerably less than the fine for a driving under the influence felony conviction.
- Retention of your rights: A felony conviction in California usually includes the loss of voting and firearm ownership rights. With a DUI misdemeanor conviction, you retain those rights.
Can You Entirely Avoid a DUI Conviction?
Avoiding DUI trouble simply means exercising some basic wisdom you’ve heard before: Don’t Drink and Drive. In Southern California, taxi companies, limo companies, and rideshare services like Uber are available “24/7/365.” There’s a cost, but it’s less than the cost of a DUI charge.
Even sleeping at a friend’s home or getting a room for the night is a better idea than trying to drive after drinking. If you’ve been charged with DUI in southern California, reach out at once to Orange County DUI attorney Scott Henry and schedule a consultation.
Bring Your DUI Case to The Law Office of Scott Henry
At The Law Office of Scott Henry, we will protect your rights, explain your legal options, and bring your DUI case to its best possible outcome. We will work to have your DUI felony charge reduced to a misdemeanor charge, and in many cases, we’ve had DUI charges entirely dismissed.
When you bring your case to us, award-winning California DUI attorney Scott Henry will handle your defense. You will have his personal cell phone number, and you’ll be working with a skilled DUI lawyer who has over eleven years of experience prevailing on behalf of his DUI clients.
We defend those accused of DUI in Orange County and across Southern California. If you face a DUI felony or misdemeanor prosecution, now or in the future, promptly schedule a free consultation at The Law Office of Scott Henry by calling 714-294-0599.
