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Serious Felony DUI Advocacy

Felony DUI Defense

Felony DUI charges are among the most serious DUI offenses, carrying severe penalties such as prison time, significant fines, and long-term consequences for your personal and professional life. Understanding the consequences of felony DUIs and securing experienced legal representation is critical to protecting your rights.

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Serious Felony DUI Advocacy

Felony DUI Defense

Felony DUI charges are among the most serious DUI offenses, carrying severe penalties such as prison time, significant fines, and long-term consequences for your personal and professional life. Understanding the consequences of felony DUIs and securing experienced legal representation is critical to protecting your rights.

Schedule a Free Consultation

Serious Felony DUI Advocacy

Felony DUI

Felony DUI charges are among the most serious DUI offenses, carrying severe penalties such as prison time, significant fines, and long-term consequences for your personal and professional life. Understanding the consequences of felony DUIs and securing experienced legal representation is critical to protecting your rights.

Schedule a Free Consultation

Understanding Felony Drunk Driving Charges

Facing a felony DUI charge is a serious matter with potentially life-altering consequences. Felony DUI convictions are not treated lightly by the Fresno courts, and penalties can include significant prison time, steep fines, and lasting damage to your personal and professional life. Given the severity of felony drunk driving charges, you must take immediate action to protect your rights.

What is a Felony DUI?

Under California law, most DUI offenses are misdemeanors; however, there are specific situations in which a drunk driving charge can be escalated to a felony. Felony DUI charges carry severe penalties, including prison time, fines, and lasting consequences for your personal and professional life.

California Vehicle Code Sections Related to Felony DUIs

The most common statutes governing felony driving under the influence charges in California are Vehicle Code Section 23152 and Vehicle Code Section 23153. These laws outline the conditions under which driving under the influence can lead to felony charges. The most common charges for felony DUIs are:

VC 23153(a): This section makes it illegal to drive under the influence of alcohol and cause bodily injury to another person as a result of an act of negligence.
VC 23153(b): Under this statute, it is unlawful to drive with a blood alcohol content (BAC) of 0.08% or higher and cause injury to someone else due to a negligent act or omission.
VC 23153(c): DUI charges under this statute occur when a driver is under the influence of controlled substances or a combination of alcohol and drugs, resulting in injury to another party.
VC 23152(e): This section specifically addresses driving under the influence of any drug—including prescription medications—that impairs your ability to operate a vehicle safely.
VC 23153(f): If you drive under the influence of both drugs and alcohol and cause injury or death due to a negligent act, you can be prosecuted under this section.

Circumstances That Can Lead to Felony DUI Charges

There are three primary scenarios in which a DUI can be charged as a felony in Fresno:

Causing Serious Injury or Death: If you are accused of causing injury or death to another person while driving under the influence, prosecutors often charge the offense as a felony, relying on VC 23153(a), (b), or (f). Even a single act of negligence, such as running a red light or speeding, can elevate your DUI to a felony.
Multiple Prior DUI Convictions: Felony charges may be filed if you have received three or more prior DUI convictions within ten years of the current arrest. Regardless of whether previous offenses were misdemeanors, the repeated pattern of DUI behavior can escalate the charge.
Previous Felony DUI Conviction: If you have previously been convicted of a felony DUI, any subsequent DUI offense will almost always be charged as another felony, regardless of whether aggravating factors like injury or negligence are present.

DUI and Prescription or Illicit Drugs

Many people mistakenly believe that prescription medications are safe to take while driving. Under VC 23153(c) and VC 23152(e), driving under the influence of narcotics or prescribed medications, especially when mixed with alcohol, can result in felony DUI charges if it leads to injury or death. For example, medications with drowsiness side effects or those that impair motor skills can put you at significant risk of violating DUI laws.

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DMV Requirements After a Felony DUI Arrest

If you’ve been arrested for a felony DUI in California, it’s crucial to act quickly to protect your driving privileges. You only have 10 days from the date of your arrest to request a hearing with the Department of Motor Vehicles (DMV). Failing to meet this deadline could result in the automatic suspension or revocation of your driver’s license.

What is an Administrative Per Se (APS) Hearing?

The Administrative Per Se (APS) hearing is a civil process conducted by the DMV to determine whether your driving privileges should be suspended following a DUI arrest. This hearing is separate from criminal court proceedings and focuses solely on your license status. During the hearing, the DMV will evaluate evidence, such as your chemical test results and the circumstances of your arrest, to decide whether your license should be suspended or revoked.

The 10-Day Deadline and How to Request a DMV Hearing

After a felony DUI arrest, you must take immediate action to meet the strict 10-day deadline for requesting a DMV hearing. If you fail to request the hearing within this timeframe, the DMV will automatically move forward with suspending or revoking your license.
When requesting a DMV hearing, make sure to follow these steps to safeguard your rights and prepare for your defense:

Ask for an Administrative Per Se (APS) Hearing: This formal request notifies the DMV that you intend to challenge the automatic suspension.
Request a Stay of Suspension: A stay ensures that your driving privileges remain intact until the DMV reaches a decision at the hearing. This is especially important for individuals who rely on their driving privileges for work or personal responsibilities.
Demand Discovery Materials: Request all relevant evidence the DMV plans to use during the hearing, such as police reports, chemical test results, and videos of your arrest. Obtaining this information allows you to identify weaknesses in the DMV’s case.

Your Right to Legal Representation

During your DMV hearing, you have the right to be represented by an attorney who can advocate for you and present a defense. A DUI attorney can:

Review the evidence for errors or inconsistencies.
Challenge the accuracy of breath or blood test results.
Question whether the arresting officer followed proper procedures.
Present arguments and evidence on your behalf to help save your driving privileges.

Additional Assistance for Requesting a DMV Hearing

If you’re unable to contact an attorney immediately, you should contact DMV Driver Safety and request a hearing yourself. However, by reaching out to our DUI law firm, we can assist you with your request at no charge.

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Requirements When Facing Felony DUI Charges

Being charged with a felony DUI in California is a serious matter with a number of consequences. A felony DUI conviction may result in a prison sentences, large fines, mandatory enrollment in DUI education programs, restitution to involved parties, and long-term impacts on your personal and professional life. Even for a first-time offender, the stakes are incredibly high if the circumstances involve aggravating factors, such as an accident or injuries.

The Importance of Immediate Action

After an arrest, several processes are immediately set into motion, including the risk of an automatic license suspension and the beginning of criminal proceedings. Navigating these proceedings requires prompt action. You only have 10 days from the date of your arrest to request a DMV hearing to contest the suspension of your driver’s license. Failing to act within this narrow window can result in the automatic revocation of your driving privileges.

An experienced DUI lawyer can help you take control of the situation from the outset. By engaging legal representation promptly, you can develop a proactive plan to defend against the charges, explore alternatives to imprisonment, and begin addressing the administrative and criminal aspects of your case simultaneously.

Building a Strong Defense

The foundation of a strong felony DUI defense lies in a detailed investigation of the evidence and circumstances surrounding your arrest. The prosecution’s case often relies on factors such as field sobriety tests (FSTs), chemical test results, and police reports. However, these pieces of evidence are not immune to scrutiny.

An experienced DUI attorney will review the case to identify weak points in the prosecution’s evidence. For example, our drunk driving lawyer will evaluate whether field sobriety tests were administered correctly and whether the arresting officer followed proper protocol. She will investigate the accuracy and maintenance of breathalyzers, as well as ensure that blood sample was handled and stored correctly. Testing errors or procedural missteps can cast doubt on the reliability of the evidence, creating opportunities to challenge the charges.

Additionally, you may need forensic or medical experts to establish mitigating circumstances in your case, such as your actual level of intoxication at the time of driving. Evidence that contradicts or contextualizes the prosecution’s narrative could significantly impact the outcome of your case.

Addressing License Suspensions

One of the most immediate consequences of a felony DUI arrest is the risk of losing your driver’s license. License suspension can pose a significant hardship, particularly for individuals who rely on their ability to drive for work, education, or family responsibilities.

We will work to protect your driving privileges by challenging any administrative actions taken by the DMV. If a suspension has already occurred, we can help you obtain your driver's license, such as hardship licensing programs or ignition interlock devices (IID). These measures can allow you to maintain some degree of mobility while your case is being resolved.

Penalties for Felony DUI

A conviction for felony DUI can have serious consequences. Penalties typically include:

Prison time: Sentencing may include up to three, six, or even ten years in a state prison, depending on the severity of the offense and the number of injured victims. Even if you do not receive a prison sentence, there are certain cases where there is a mandatory jail sentence.
Fines and fees: Offenders may face fines and fees of up to $5,000, along with mandatory restitution to individuals harmed by the incident. You will be required to pay probation fees, court costs, court restitution, DUI school, ignition interlock fees, and increase rates for your insurance.
Suspension or revocation of driving privileges: A felony DUI conviction usually results in the loss of your driver’s license for an extended period. You may be ordered to install an IID in any vehicle you own or operate.

Mitigating Penalties and Presenting Your Story

Because the penalties for a felony DUI conviction can range from years in prison to substantial fines and mandatory enrollment in treatment programs, you need an attoirney that will build a strong defense. Being able to craft a defense that emphasizes mitigating factors, such as your character, lack of prior offenses, or efforts to seek rehabilitation is essential.

Presenting your side of the story to prosecutors and the judge can be critical in achieving a favorable outcome. For example, you may provide evidence of your commitment to making amends, such as attending substance abuse treatment programs, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings, or engaging in community service. These proactive steps demonstrate accountability and a willingness to address underlying issues, which could persuade the court to impose less severe penalties, such as probation instead of prison.

Act now to build a strong felony DUI defense and safeguard your future.

Post-Conviction Relief Options

If you were convicted of a felony DUI, it does not necessarily mean the end of the road. California law offers several options for post-conviction relief that can help minimize the long-term impact of a felony conviction.

One option is to seek a reduction of the felony to a misdemeanor, depending on the specifics of your case and your criminal history. Expungement is another possibility, which removes the conviction from your public record and provides a fresh start. Additionally, for individuals who have served time, a Certificate of Rehabilitation can help restore certain civil rights and improve future opportunities.

The key to successfully pursuing these forms of relief lies in working with an experienced attorney who understands California DUI laws and the post-conviction relief process. We can ensure that your motions are filed correctly and that your case is presented in the best possible light to the court so you can obtain the relief you requested.

Build a Strong Defense Against Felony DUI Charges

Felony DUI cases are highly complex and carry severe consequences, but the right defense strategy can make all the difference. Acting quickly and securing the guidance of an experienced DUI attorney is crucial to addressing the legal, administrative, and personal challenges you may be up against.

If you’ve been arrested for a felony DUI, don’t wait to seek legal advice. Contact our office immediately for assistance with your DMV hearing and court defense. Our dedicated team will work hard to protect your rights, fight to keep you out of custody, and secure the best possible outcome for your case. We will provide you with the experience, support, and proactive strategies needed to minimize the impact of your charges and regain control of your life.

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Do not face severe penalties alone. Contact a Fresno felony DUI lawyer for immediate assistance.

Build a Strong Defense Against Felony DUI Charges

Felony DUI cases are highly complex and carry severe consequences, but the right defense strategy can make all the difference. Acting quickly and securing the guidance of an experienced DUI attorney is crucial to addressing the legal, administrative, and personal challenges you may be up against.

If you’ve been arrested for a felony DUI, don’t wait to seek legal advice. Contact our office immediately for assistance with your DMV hearing and court defense. Our dedicated team will work hard to protect your rights, fight to keep you out of custody, and secure the best possible outcome for your case. We will provide you with the experience, support, and proactive strategies needed to minimize the impact of your charges and regain control of your life.

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If you're facing a DUI, it’s natural to have questions. Begin by learning about key aspects of DUI cases, such as potential penalties, the court process, and common enhancements that may affect your case in Fresno. Connecting with our experienced attorney allows you to protect your rights, reduce the potential impact on your life, and work towards a more favorable outcome. Don’t wait to contact us to discuss your driving under the influence case.

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