According to the California Vehicle Code 23152, operating a motor vehicle while under the influence of either alcohol or narcotics is prohibited. Driving under the influence of alcohol occurs when a driver exceeds the blood alcohol concentration limit. You could also face these charges if intoxication affects your behavior.
Felony charges are more severe than misdemeanors. These accusations occur if there are aggravating circumstances surrounding your case. Felony DUI carries harsh legal and collateral consequences. You can be imprisoned, fined, and put on felony probation after a conviction. In addition, you could have a criminal record that affects other aspects of your life.
If you or a loved one faces felony DUI charges, you must aggressively fight to avoid a conviction. Your lawyer will help you understand the case and guide you through building a strong defense.
Penalties for Felony DUI Charges in California
Most DUI cases are charged as misdemeanors, which can attract jail sentences of up to one year, fines, and probation. A DUI becomes a felony when certain serious factors are present. Factors that may elevate your drunk driving charge into a felony include:
- You caused injury or death to another person.
- You have three or more prior DUI convictions within 10 years.
- You have a prior felony DUI on your record.
The penalties you will face after a conviction for felony DUI are more severe than those of a misdemeanor. However, they vary depending on the type of felony DUI charges that you face.
DUI Causing Injury
Under California Penal Code 23153, you will face felony DUI charges if you cause injury to another person when you cause an accident while drunk driving. The penalties you will face for this offense include:
- 16 months, 2 years, or 3 years in state prison
- An additional 3 to 6 years if the victim suffers great bodily injury
- Fines between $390 and $5,000
- 3 to 5 years of formal probation
- License suspension for up to 5 years
- Mandatory DUI education program for up to 30 months
Fourth DUI Within Ten Years
Under California law, DUI is a priorable offense. This means that your prior DUI convictions can affect the charges and sentencing for subsequent offenses. Therefore, you will face a felony charge if you commit a fourth DUI within ten years. The penalties for this offense are:
- 16 months, 2 years, or 3 years in state prison
- Fines up to $1,000
- License revocation for up to 4 years
- Habitual traffic offender status for 3 years
- Mandatory DUI school (18 to 30 months)
- Installation of an ignition interlock device (IID)
DUI with a Prior Felony DUI
Another circumstance under which you could face felony DUI charges is if you have a prior felony DUI on your record. A conviction for this offense will result in the following penalties:
- 16 months, 2 years, or 3 years in state prison
- Increased fines and court fees
- Long-term license revocation
- Formal probation with strict conditions
- Mandatory DUI programs
Gross Vehicular Manslaughter While Intoxicated
If you operate a vehicle with gross negligence and, as a result, you cause the death of another person, you can face felony DUI charges. A conviction for this offense results in the following penalties:
- 4, 6, or 10 years in state prison
- Additional years if multiple victims are involved
- Strike under the California Three Strikes Law
- Restitution to the victim’s family
- Driver's license revocation
Collateral Consequences of a Conviction for Felony DUI
Even after serving your time and paying fines, the felony DUI conviction enters your record and can have the following lasting consequences:
Difficulty Finding Employment
Many employers perform background checks on potential employees before offering a job. Criminal convictions are public record. Therefore, the employer can uncover the felony DUI. Most felony DUI convictions show a lack of responsibility or disregard for the law. In this case, the employer can deny you the opportunity. Such a conviction could leave you struggling financially.
Loss of Professional License
For professionals who require a license to practice in California, the board closely monitors their conduct. If you are convicted of a felony DUI, the board will be notified by the relevant authorities. Common disciplinary action after a felony conviction may include license revocation or suspension. Losing your license can affect your career and your livelihood.
Housing Challenges
Landlords conduct background checks before renting an apartment. In case there is a felony DUI conviction in your history, landlords may decline your request for leasing. This poses difficulties that may affect where you live.
Immigration Consequences
For United States citizens, the most severe consequence of a felony DUI is prison time and license revocation. However, for an immigrant, there is an added risk of immigration consequences. After your conviction for the offense, your case can be forwarded to Immigration and Customs Enforcement. Depending on the type of felony DUI you faced, ICE can deport you or render you inadmissible.
Fighting a Felony DUI Case in California
Felony DUI is a serious charge that can have lasting impacts on your freedom and life. However, facing an arrest does not mean that you will be found guilty. You can fight the charges by presenting the following legal defenses:
Challenging the Traffic Stop
A felony DUI case begins when a traffic officer stops your vehicle on suspicion of drunk driving or at an accident scene. Before stopping your vehicle to investigate drunk driving, an officer must have probable cause. Probable cause means there was sufficient reason for an officer to believe that you were driving under the influence of alcohol. If there was no probable cause, the defendant should request that the evidence be dismissed. Such a situation makes it challenging for the prosecutor to prove his case.
Questioning the Accuracy of the BAC Test Results
Your blood alcohol content is a key piece of evidence in any DUI case. Therefore, you cannot face a conviction for felony DUI if you are not driving while intoxicated. At the DUI checkpoint, the traffic officer may administer a breathalyzer test and confirm the results with a blood test after an arrest. If you create doubt around the results of these tests, you can avoid a conviction.
Lack of Causation
For a criminal charge of DUI resulting in injury, it becomes necessary for the prosecution to show that your behavior was responsible for the accident or injuries. Otherwise, the strength of their case could weaken.
Violation of Your Rights
Even when you are suspected of drunk driving, law enforcement must respect your constitutional rights. You have a right to remain silent and seek legal representation. Also, an officer cannot search you without a valid warrant. If the officers violate any of these rights, you can use these violations as a defense to your felony DUI charges.
Plea Bargains in Felony DUI Cases in California
Plea bargains are another way through which you can fight your felony DUI cases. A plea agreement allows you to resolve the case without going to trial. In many situations, the prosecutor may agree to reduce the charge. For example, your felony DUI may be reduced to a misdemeanor DUI. The prosecutor can agree to reduce the charges based on the following factors:
- Strength of evidence. If an individual is charged with a crime, one of the prosecution's purposes is to ensure a conviction. If not enough evidence is presented to prove that a felony has occurred, the prosecutor could reduce your charges to a misdemeanor. This means the burden of proof required to achieve a misdemeanor DUI conviction is not as strict as that of a felony.
- Criminal history. One of the reasons why the prosecutor might decide to charge you with a felony DUI is your previous criminal history. If you do not have many criminal convictions on your record, you can use this fact to seek a plea bargain.
A plea deal can also reduce penalties or have certain charges dismissed. With these conditions, you could receive:
- Less jail time
- Reduced fines
- Shortened probation periods
In addition, if your charges are dropped, you will no longer suffer any collateral effects linked with the dropped charges. Nonetheless, not all cases are eligible for plea bargains. The prosecution may deny the plea request if you caused injury or death to another person.
When seeking a plea bargain for your felony DUI, you will need the guidance of a reliable attorney. Your lawyer will review the evidence and find weaknesses in the case. Also, they can negotiate directly with the prosecutor. Sometimes, the prosecution proposes the plea. In most cases, a plea involves pleading guilty or no contest to a certain offense and facing the penalties. Therefore, you should only accept a plea if it is in your best interests.
Common Mistakes to Avoid When Fighting Flying DUI Charges
The consequences of a conviction for felony DUI go beyond fines and incarceration. You could lose your license and have a lasting impact on your career and personal life. The steps you take when fighting these changes can impact the outcome of your case. Common mistakes you should avoid during this process include:
Failure to Request a DMV Hearing
After an arrest for felony DUI, you will have up to 10 days to request a DMV hearing. The healing allows you to defend against the Department of Motor Vehicles suspending your license. At this hearing, you can learn about some of the evidence the prosecution will use in your DUI case. You can use the information to build a defense against your case.
Not Following Bail or Release Conditions
Immediately after the arrest, you may be eligible for a bail release. Securing a bail release allows you to go home and meet with your attorneys to discuss your defense. When releasing you on bail, the court may set strict conditions that you must follow. Failing to comply with these conditions can result in your arrest and detention. If you return to court, you cannot freely discuss your defense with your legal team. Therefore, you should follow the requirements and attend all court proceedings.
Posting Your Case Online
If you face charges for felony DUI, you must keep the details of your case private. You should only discuss the case with your lawyer. When you post about the case online or discuss it with other people, the information you provide can be misconstrued and used against you during the trial.
Admitting to Intoxication
Most DUI criminal cases begin when you are stopped at a DUI checkpoint, at an accident scene, or if an officer suspects you of drunk driving. A key factor that the prosecution must prove when establishing your liability for these offenses is that you were intoxicated at the time of driving. During your interaction with law enforcement, you should avoid admitting that you were drunk. Instead, you should let the officers do their tests and discover the evidence on their own.
Failing to Hire an Attorney
Seeking legal representation is key when you face an arrest and criminal charges for felony DUI in California. Your lawyer will guide you on how to conduct yourself during interrogations. Also, they will help you build a strong defense against your charges. Proceeding with the case without an attorney can put you at risk of self-incrimination and other errors that could jeopardize your defense.
Find a Competent DUI Defense Attorney Near Me
If certain circumstances exist in your DUI case, you could face felony DUI charges. These may include causing an injury or death to another person and having a prior felony conviction. Also, facing a Fourth DUI charge in ten years can result in felony charges. The penalties for felony DUI vary depending on the specific offense that you committed. However, you will face a substantial jail sentence and hefty fines.
Additionally, you will have a permanent criminal record. If you are an immigrant, a conviction for felony DUI can result in deportation. Fortunately, not all felony DUI cases result in a conviction. You will be able to contest the charges with the help of a competent lawyer. Your lawyer can build a strong defense or negotiate a plea deal.
At Jonathan Franklin DUI Attorney, we offer expert legal representation to clients facing felony DUI charges in Los Angeles, CA. Contact us at 323-464-6700 to discuss your case.
