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Protecting Your Rights and Driving Privileges
Like many states, the state of California is particularly harsh against offenders arrested for drunk driving. Even misdemeanor DUI charges can lead to penalties like expensive fines, jail time, and mandatory DUI school. A felony DUI conviction can lead to even further penalties, including a sentence in state prison. Fortunately, with a criminal defense attorney on your side, you have a much higher chance of reducing or even removing the penalties you are facing for a felony DUI.
Our team at the DUI Defense Group focuses solely on DUI cases, so we are confident we can assist you. No matter what consequences you are facing, our team can help you with them. For more information about our services and to receive a free consultation, contact our law office today by calling 866-927-3295.
What is a Felony DUI?
When individuals are found to be driving under the influence of drugs or alcohol, the charges are typically filed as a misdemeanor. However, certain circumstances will elevate those charges to a felony.
Below are the conditions that could increase your charges to the felony level:
- Three or more prior DUI arrests
- DUI with injury
- Vehicular manslaughter
If you have obtained three or more convictions for DUI or reckless driving involving alcohol in the past ten years, you can be charged with a felony. Similarly, any drunk driving accident that causes injury or death to another person can be upgraded to the felony level.
Any individual who is arrested for three or more DUI offenses will be labeled a habitual traffic offender. Habitual offenders automatically have their licenses revoked for three years.
What Are the Potential Consequences of a Felony DUI Conviction?
Felony convictions are serious offenses that can impact your life negatively in many ways. If you have a felony conviction on your record, you are prevented from owning, using, or possessing a firearm for the rest of your life. You are also prevented from voting while serving a prison sentence or while on parole.
If you are sentenced to state prison, you will not be eligible to expunge your record in the future. While many DUI offenses in California are eligible for expungement, a felony DUI is not one of them. This means that your criminal conviction will follow you around for life, showing up in every background check an employer, educational institution, or landlord does on you.
Felony DUIs are serious charges that can make your life very difficult. The best way to protect your freedom after a felony DUI charge is to hire an experienced team of criminal defense attorneys. Call our office today for more information.
What Are the Main Defense Strategies Against a Felony DUI?
While felony DUI charges are serious, there are, fortunately, many legal defense strategies you can use to fight against them. Our team will review the facts of your case and your prior criminal history to determine the best legal path forward for you.
Below are some of the main defense strategies against a felony DUI that we may use:
Lack of Probable Cause
Police officers must have reasonable suspicion that an individual is driving under the influence before pulling them over. If you were not swerving, driving erratically, speeding, or braking excessively, our team could argue that there was no probable cause to pull you over in the first place.
Faulty Breathalyzer Test
If you are pulled over for a suspected DUI, officers will likely ask you to take a breathalyzer test to measure your intoxication level. However, medical conditions and equipment failures can cause breathalyzer tests to give inaccurate results. Our team will question the results of this test to determine if the results can be used against you.
Police Error
Law enforcement officers are required to follow a standardized set of procedures when accusing someone of drunk driving. Many officers do not follow these procedures, leading to your rights being infringed upon. The attorneys on our team can investigate the police procedure to determine if it was done correctly.
Blood Testing Errors
DUI blood testing is typically done by a licensed technician at a police station. However, these blood test results are often inaccurate and can show wildly different results when tested at independent labs. Our team can test your blood independently to determine whether your results are accurate.
Will My License be Suspended After a DUI Arrest?
If you are arrested for a suspected DUI, your license will automatically be suspended. For felony DUI charges, the suspension is typically for multiple years, although it depends on your criminal record and the nature of your charges.
If you would like to appeal this suspension, our team can help you request a DMV APS hearing to reinstate your driving privileges. This hearing has no bearing on whether you will be convicted of a DUI in a criminal case, but it may allow you to continue driving until your criminal hearing.
How Can a Defense Attorney Help Me?
Felony DUIs are serious charges that can change your entire life. Jail time, hefty fines, and a permanent criminal record are all real possibilities if you are convicted. If you would like to protect yourself and your freedom after a DUI arrest, contacting an experienced team of criminal defense attorneys is your next step.
At the DUI Defense Group, we are committed to fighting for our clients and reducing or even removing the penalties they are facing. We are confident that with our experience, we can help you. To receive a free consultation and speak to a member of our team, contact us today by calling 866-927-3295.