Defending Individuals from Severe Criminal Penalties
Drinking and driving is against the law all across the nation. If you are pulled over and have a blood alcohol content that is over the legal limit, you can be arrested and charged with a DUI. While most DUI charges are classified as misdemeanors, certain circumstances can elevate your charge to the felony level.
Facing felony DUI charges as a result of a traffic stop can be much worse than a simple drinking under the influence charge. This is especially true if someone was injured during a crash or you’re a repeat offender. But you don’t need to fight these charges alone. Contact a knowledgeable Orange County felony DUI lawyer at the Law Office of Scott Henry and trust that you will have your questions answered and your rights protected.
Our attorneys are proud of our 15 years of experience in this area of the law. Mr. Henry, our lead attorney, is an outgoing, personable lawyer who is well-respected by judges, district attorneys, police officers, expert witnesses, and other defense attorneys. Our attorneys work hard to secure the best possible outcome for their clients. Contact us today to schedule your complimentary initial consultation by calling (714) 294-0599.
When is a DUI Charge a Felony?
Drunk-driving cases fall into one of three categories: felonies, misdemeanors, or wobblers (those that could be treated either as felonies or misdemeanors). No matter what type of DUI you are charged with, you should always consult a competent local attorney. Typically, first-offense DUIs are charged as misdemeanors. However, in certain circumstances, cases may be treated as felonies. How a California Driving Under the Influence case is categorized depends on a number of factors, including prior convictions and whether or not injuries or death of another person resulted from the drunken driving incident.
Criminal charges are mostly defined by the type of punishment that results in conviction. Misdemeanor DUIs can result in up to one year in a county jail, while felony DUIs can result in a year or more in state prison.
Additionally, some cases are known as “wobblers.” These cases can be charged as either misdemeanors or felonies. If, for example, an offender is found to have caused injury to another, but the injuries are relatively minor, then the case may be charged as a misdemeanor. However, if the injuries sustained by the other person are serious, then the offender can be charged with a felony, even if it is the individual’s first offense. In addition to felony cases that arise from injury or death of another, California Drunk Driving offenders arrested for the fourth time for drunk driving within ten years face felony charges even if no accident or injury occurred. In California, drunk driving that results in the death of another almost always will be treated as a felony. This type of DUI will fall under one of three categories — vehicular homicide, vehicular manslaughter, or second-degree murder.
The main reasons individuals are charged with a felony DUI include:
DUI Causing Death or Serious Injury
Behavior that causes serious bodily injury or death to another person is almost always charged as a felony. If your mental and physical abilities are so impaired that you are no longer able to drive a vehicle, you are considered under the influence. Individuals can be charged with a DUI for both drugs and alcohol.
The prosecution must prove that the amount of substances in your body caused your driving ability to be impaired. A BAC over 0.08% or a blood test that shows drugs in your system is enough evidence to prove that you were driving under the influence.
Prior DUI or Wet Reckless Convictions
Any DUI misdemeanor convictions, wet reckless convictions, or felony DUI convictions can cause your current DUI to be upgraded. The prosecution must prove that you were convicted of each prior charge and that the charges are DUIs or felonies. In some cases, individuals who are charged with felonies plead them down to misdemeanors before their conviction, which can make the prosecution’s job more complex.
If you believe you were charged with a felony DUI in error, our DUI attorneys can help. We will track down your criminal history to prove that you should not be charged with a felony. You may be able to get your charges reduced to a misdemeanor, which often carries fewer penalties.
Penalties for a Felony DUI
While a misdemeanor DUI is no laughing matter, it carries significantly lower penalties. Most misdemeanor drunk driving convictions involve up to one year of jail time, fines, and probation. The penalties for a felony DUI can include the following:
- At least one year of jail time, and may involve incarceration in a state prison
- Permanent loss of your driver’s license
- Tens of thousands of dollars in fines and fees
- Installation of an ignition interlock device in your vehicle
- Extensive drug and alcohol counseling and rehabilitation
- Rigorous terms for parole and probation
- Loss of your right to possess firearms
- Temporary loss of your voting rights (while incarcerated)
Depending on your circumstances, you may face a decade of incarceration, loss of your driver’s and professional licenses, and highly restrictive probation terms. In other words, a felony DUI conviction will have lasting effects that can impact your future, your career, and your freedom. A skilled lawyer in Orange County could help you minimize the potential penalties you are facing for your felony DUI.
Any penalty, whether a misdemeanor or felony, can be increased if conditions or aggravating circumstances such as the following are present:
- Child in the vehicle under 14 years old
- Speeding
- Driving on a suspended or restricted license
- Accidents
- High blood alcohol content (BAC), over .20%
These aggravating factors can add years to your sentence. For example, if your felony DUI involves multiple accident victims, you may face an additional year of prison time for each victim, up to a maximum of three years.
Specifics of Felony DUI Charges
While prosecutors typically weigh all the facts surrounding a drunk driver before charging someone with a felony, there are three common situations in which authorities will proceed with a felony DUI:
- Someone was killed or seriously injured.
- You have three or more DUI convictions in the last ten years, including convictions for reckless driving involving alcohol. This includes convictions from other states and jurisdictions and expunged DUI convictions.
- You’ve been convicted of a felony DUI before. In California, prosecutors must charge you with a felony if you already have at least one other felony DUI on your record.
This means that even if you’re facing your first drinking and driving charges, prosecutors may opt for felony charges if you were involved in an accident and someone was injured. Notably, under state law, “serious injuries” don’t just involve things like traumatic brain and spinal cord injuries; they can also include broken bones, scars, and other disabling conditions.
Vehicular Manslaughter
A charge of manslaughter, second-degree murder, or vehicular homicide can be given to any individual who causes the death of a passenger, a person or persons in another vehicle, or a bystander while driving under the influence.
Under California state penal code 191.5, any individual who unlawfully kills another human being while driving under the influence, without gross negligence, and without premeditation, may be imprisoned in a California state prison for 16 months or 2 or 4 years.
Any individual who unlawfully kills another human being while driving intoxicated, with gross negligence (such as driving recklessly) and without premeditation, may be imprisoned for four, six, or ten years.
Individuals with prior DUI offenses who are charged with DUI manslaughter or DUI murder may face 15 years to life in prison.
The California Vehicle Code also contains various statutes that can be used to increase the penalties for a DUI offense. Some of these include:
(a) Refusing a BAC chemical test; (b) Having a child under the age of 14 in the car; (c) Having a BAC of .20 or greater; (d) Driving in a double fine zone; and (f) Injury to more than one person.
What Should You Do After a Felony DUI Arrest in Orange County?
If you are arrested for a felony DUI, it’s normal to go into a state of shock. Being arrested is an overwhelming experience, especially if this is your first offense. However, taking the proper steps immediately after your arrest can help you build a strong defense later.
If you are arrested for a felony DUI, be sure to do the following:
Remain Silent
Even if you are arrested or taken into police custody, you have the right to remain silent. You must identify yourself to police officers, but you are not required to answer their questions or make a statement. Anything you say can be used against you, so it is advisable to remain silent.
Submit to Chemical Tests
Once you are taken to the police station, you will be asked to submit to a urine and blood test. Refusing these tests will mean that your license is automatically suspended, and it is unlikely you can get it back through a DMV hearing. Even if you are above the legal limit, it is typically advisable to give blood and urine samples when requested.
Contact a DUI Defense Attorney
You can request an attorney at any point after your arrest. The sooner you work with our experienced defense team, the faster you can begin building a defense case to protect your rights and your freedom. Contact our law firm today to get started.
What is a DMV Hearing?
When you are arrested and charged with a DUI, the arresting officer automatically forwards a notice of license suspension to the California Department of Motor Vehicles (DMV). The DMV will then review the officer’s report, your test results, and the suspension or revocation order. Your license suspension will typically last around four months for a first-offense DUI. However, if you have multiple DUIs on record or you caused bodily injury to another party, you could face additional time.
After your arrest, you can request a DMV hearing within ten days. If you do not, your license will automatically be suspended after 30 days. A DMV hearing is separate from your criminal trial, but you can still hire an Orange County DUI attorney for representation.
At the DMV hearing, our team will present evidence in your defense to challenge the license suspension or revocation. We can challenge the officer’s probable cause, police procedure, or test results. If you win your DMV hearing, your license will be reinstated, and you can continue driving like normal. If you lose the DMV hearing, your license will be suspended or revoked. Our team can help you apply for a provisional license to reinstate your driving privileges if you go to and from work or school.
Your DMV hearing won’t affect the criminal case against you. Even if you lose your DMV hearing, you could still work with our team of Orange County DUI lawyers to build a defense case. To learn more about DMV hearings, contact our law firm today.
How Do You Defend Against Felony DUI Charges?
Felony DUI charges are serious and can have long-term impacts on your personal and professional life. Fortunately, by working with a DUI attorney, you can develop a solid legal defense strategy to reduce or remove the penalties you are facing. Your defense strategy will depend on the circumstances of your DUI arrest and your criminal history.
The most common ways to defend against a felony DUI charge include:
Police Error
Police officers must follow strict legal processes when arresting or detaining someone for a DUI. Our team will investigate the police report and body camera footage to determine if your rights were violated in any way. If law enforcement officers made a mistake when arresting or detaining you, our DUI attorneys could argue that your legal case is unlawful.
Insufficient Evidence for a Traffic Stop
When stopping someone on the road for a suspected DUI, officers must have reasonable suspicion that the driver is under the influence. Officers typically look for signs like swerving, speeding, or excessive braking. If there is no evidence to conclude that you were driving dangerously or erratically, our team can argue that your DUI case is built upon faulty logic.
Another Driver’s Negligence
Felony DUI charges often involve bodily injury to another person. The prosecution must prove beyond a reasonable doubt that you were the one who caused the other driver’s injuries. If the prosecution does not have rock-solid evidence of the crime, an experienced DUI defense attorney on our team could argue that the other driver is at fault.
No Serious Injuries
Many people receive felony DUI charges if they cause serious bodily injury to another person. If you were driving under the influence but did not harm anyone else with your actions, our team could potentially have your charges lowered to a misdemeanor.
Improper Field Sobriety Tests
Field sobriety tests are used to test the intoxication levels of people stopped for a suspected DUI. However, field sobriety tests can be administered incorrectly, leading to inaccurate results. If you performed a field sobriety test and were arrested or detained because of it, our DUI attorneys could argue that it was performed improperly, and you were taken into custody on false pretenses.
Faulty Equipment
When pulled over for a DUI, many people are asked to take a breathalyzer test. Breathalyzers must be maintained regularly to continue working properly. If the equipment that was used during your arrest was not maintained according to police procedure, there is a good chance your BAC reading is inaccurate.
No Prior Convictions
Another primary way people receive felony DUI charges is by having multiple DUI convictions on record. If this is your first DUI offense, our team can argue that your charges should be lowered to a misdemeanor. Misdemeanor DUI charges have much fewer penalties, and first-time offenders typically don’t serve jail time.
Contaminated Chemical Tests
When you are arrested for a DUI, you will likely submit blood or urine samples for chemical testing. These tests are often done by licensed technicians at the police station. However, these results are not always accurate, and some have been found to be contaminated or skewed. Our team will test your blood and urine samples at an independent lab to check the police’s results.
No matter what the circumstances of your case are, hiring an experienced DUI attorney is the best way to build your defense strategy and reduce the penalties you are facing. For more information, contact our criminal defense law firm today.
What is the Legal Process for a Felony DUI?
Understanding the steps after a felony DUI arrest will help you create a legal defense strategy. Not everyone goes through every stage of the legal process, as reaching a plea bargain or having your case dismissed before trial is possible.
If you are charged with a felony DUI, you can expect the following process:
Arrest and Detainment
Once you are pulled over for a suspected DUI, you will then be arrested or detained. It is essential to remain polite and identify yourself to officers, but don’t answer any questions or make a statement. Invoking your right to silence is the best thing to do for yourself during this initial stage.
Arraignment
During your arraignment hearing, you will be officially charged with a felony DUI. You can enter a plea, which our DUI attorneys will help you with. If you plead not guilty, a judge will decide if you can be released on bail until your trial.
Pretrial Hearings
There may be multiple pretrial hearings that our attorneys can attend for you. We can challenge the prosecution’s evidence or submit motions to suppress evidence and support your defense. If it is in your best interest, our attorneys can also negotiate a plea bargain to avoid going to trial.
Criminal Trial
If a plea deal cannot be reached, our team will continue to work on building a strong defense for your DUI case. We will represent you before a judge and present evidence in your defense. If you are found guilty, you will attend a sentencing hearing to learn your penalties.
The court system can be confusing, and many offenders miss key moments or important court dates because they are busy with other responsibilities. It is essential to build your DUI defense with help from our experienced DUI attorneys so you can avoid a conviction on your record. For more information about the legal process, contact us today.
Why Do I Need a Felony DUI Lawyer?
Defending yourself against felony DUI charges can be an intimidating and complicated process. However, most people who are arrested for drinking and driving have legal options. An experienced attorney in the area can help you regain control of the situation and identify the best possible defense strategies available to you following your felony DUI charges.
Our team will take the following steps to help you with your DUI case:
Building a Defense Strategy
For example, to convict you of a “serious injury” felony DUI, prosecutors must convince the jury that your drunk or impaired driving caused the crash and the related injuries. However, the circumstances surrounding a car crash are rarely that clear-cut. Many times, an experienced defense lawyer can identify mistakes or reckless behaviors by other drivers that significantly contributed to or caused the wreck. Our team will investigate the evidence against you to find any weaknesses and use them to our advantage.
Lessening the Penalties Against You
Even if your conduct may have caused a serious injury, prosecutors can choose to charge you with a misdemeanor DUI. In these cases, a knowledgeable defense lawyer can highlight mitigating circumstances and other issues that may merit misdemeanor charges and lighter penalties. Your criminal history and evidence surrounding your case’s circumstances can help you reduce your charges and receive a lighter sentence.
Identifying Procedural Errors in Your Case
Other times, the police make serious procedural errors that weaken their case. These errors may involve improper calibration of a breathalyzer, faulty test results, lack of probable cause during your traffic stop, and other violations of your legal rights. If your rights have been violated, the case against you is likely unlawful. Our team will present evidence to prove to the court that you cannot be charged.
Should I Accept a Plea Bargain?
It’s not uncommon for California prosecutors to offer plea deals to individuals who are facing a felony DUI. While a plea bargain is sometimes in your best interest, too many people accept unfair deals that have deeper ramifications than they realize. Before you negotiate or accept a felony DUI plea bargain, you should always consult with a skilled defense lawyer. A legal representative can help you properly evaluate the deal, respond appropriately, and weigh your options.
In some cases, accepting a plea bargain is not in your best interest. Prosecutors are not looking out for you or your future; rather, they want to close your case quickly without regard for your criminal record or how a conviction might affect the rest of your life. With an Orange County DUI attorney on your side, you can ensure that a plea bargain is right for you. If it isn’t, you can continue on to trial to get the outcome you deserve.
Request a Consultation with an Orange County Felony DUI Attorney
Most people simply cannot investigate a DUI and identify these issues on their own. That’s why they turn to a skilled defense lawyer at the Law Office of Scott Henry. We’ve built a reputation for our sophisticated approach to DUI defense. And we understand how to investigate and develop our clients’ claims fully.
Because we focus our practice on the most complex DUI defense claims, we can provide you with essential insight into your defenses, help you build a realistic defense strategy, and guide you through the emotionally charged process of defending yourself from a felony DUI.
The Law Office of Scott Henry is one of the area’s premier drinking and driving defense firms. We’ve built a reputation for our aggressive, practical approach to these charges, and our Orange County felony DUI lawyers are ready to help you. For the dedicated legal representation you need, contact the Law Office of Scott Henry at (714) 294-0599.