If you are charged with felony DUI, it is essential that you get in touch with a highly experienced DUI attorney as soon as possible. At Krueger Legal, we have a long track record of success and can help you navigate the legal system.
Driving under the influence (DUI) is a serious criminal offense in California. Most DUIs are charged as misdemeanors, but a DUI can become a felony if certain factors are present.
In California, a DUI is considered a felony if:
You have three or more prior DUI convictions within the past 10 years
You have a prior felony DUI conviction
You caused bodily injury or death
It is also possible to be charged with felony DUI if you have a prior out-of-state DUI conviction and the offense would have been a felony had it been committed in California.
What Are the Penalties for Felony DUI in California?
A conviction for felony DUI can result in severe penalties, including a lengthy prison sentence, substantial fines, and more.
If you are convicted of felony DUI, you may face the following penalties:
16 months, 2 years, or 3 years in state prison
Up to $1,000 in fines
Between 18 and 30 months of DUI school
Up to 5 years of probation
4-year driver’s license revocation
If you caused bodily injury, you could face an additional 3 to 6 years in prison. If you caused serious bodily injury, you could face an additional 5 years in prison. If you caused someone’s death, you could face up to 10 years in prison.
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How to Fight a Felony DUI Charge
If you are facing felony DUI charges, you are likely extremely worried about your future. While the situation is certainly serious, it is important to remember that a felony DUI charge is not the same as a conviction. You have the right to defend yourself and can fight the charges with the help of an experienced attorney.
At Krueger Legal, we have the skill, knowledge, and resources to help you build a strong defense. We will thoroughly review the facts of your case, investigate the circumstances surrounding your arrest, and look for any weaknesses in the prosecution’s case against you. If we find any evidence of police misconduct or a violation of your constitutional rights, we will aggressively challenge the evidence. Our felony DUI lawyer in San Joaquin can help you navigate the legal system and fight for your rights every step of the way.
Frequently Asked Questions (FAQs)
Can I get my felony DUI charge reduced to a misdemeanor? In some cases, a felony DUI charge can be reduced to a misdemeanor, particularly if there are mitigating factors, such as a clean criminal record or evidence that can be used to argue for a lesser charge. Consulting with an experienced DUI lawyer can help determine if a reduction is possible in your case.
What should I do if I’m stopped at a DUI checkpoint? If you’re stopped at a DUI checkpoint, you are required to comply with the officer’s requests for documents (like your license and registration). However, you don’t have to answer questions about where you’ve been or where you’re going. Remain calm, be polite, and avoid making any statements that could be used against you later.
How can a DUI lawyer help in defending against felony charges? A DUI lawyer can review the details of your case, including the circumstances of your arrest, the accuracy of any chemical tests, and the actions of law enforcement. They can then build a defense strategy, challenge evidence, and negotiate on your behalf to reduce or dismiss the charges.
4. How does the court determine the penalties for a felony DUI conviction? Penalties for a felony DUI conviction depend on factors like whether anyone was injured, whether you have prior convictions, and the circumstances surrounding the offense. The judge will consider all these aspects to determine appropriate penalties, including fines, prison time, and mandatory DUI education programs.
Can a DUI conviction affect my immigration status? Yes, a felony DUI conviction can have serious implications for immigration status. It can affect visa applications, green card status, or even lead to deportation. If you are not a U.S. citizen, it’s crucial to seek legal advice from an attorney specializing in both criminal and immigration law.
Can I refuse to take a breathalyzer test in California? While you have the right to refuse a breathalyzer test in California, refusing it can result in automatic penalties, including a longer driver’s license suspension. Additionally, refusal to take a test may be used against you in court to suggest you were trying to hide evidence of intoxication. If you have multiple felony DUI convictions, the consequences of refusing a test may be even more severe, as it could further damage your case and lead to harsher penalties.
Is it possible to get a restricted driver’s license after a felony DUI? In certain cases, you may be eligible for a restricted driver’s license after a DUI conviction, which allows you to drive to work, school, or other essential places. However, this depends on the details of your case, including the length of your license suspension and whether you have completed DUI education programs.
Need a strong defense for your DUI case? Contact us now at (209) 565-0750 and let us help you protect your future.
