California law is strict when it comes to DUI charges. A conviction means mandatory jail time, fines, loss of license, and DUI school.
However, multiple DUI arrests or having a severe accident while driving under the influence means you could face a felony DUI in California.
If you have a California felony DUI charge, then you need a tough, aggressive, and skilled California DUI lawyer to help you fight your charges.
With representation from a veteran San Diego criminal defense lawyer like Mark Greany, you can get the edge you need to beat a felony DUI in California.
California’s DUI Law
Section 21352 of California’s Vehicle Code is the state’s DUI law. Under Section 21352, police can charge you with DUI if:
- -You drive under the influence of an intoxicating beverage, drugs, or both;
- -You have a blood-alcohol concentration of 0.08 or greater and you are an adult;
- -Your blood-alcohol concentration is 0.01 and you are younger than 21 or on probation for a DUI charge; or
- -You have a blood-alcohol concentration of 0.04 while driving a commercial vehicle.
Most DUIs are misdemeanor charges. There are times, however, when you can pick up a felony DUI in California.
When Is a DUI a Felony in California?
Having three or more DUI convictions on your record within 10 years subjects you to a felony DUI charge. Prior offenses that count toward a felony include:
- -Convictions for misdemeanor DUI charges,
- -Convictions for so-called “wet reckless” charges,
- -Out-of-state DUI convictions, and
- -Previous DUI felony convictions.
You can also face a felony charge if someone dies or sustains significant injuries in a car crash and the police believe that you are under the influence.
Penalties for a Felony DUI in California
The penalties for felony DUIs in California vary greatly depending on the circumstances of the case. You face between 16 months and four years in state prison for a fourth DUI conviction or a subsequent felony offense in 10 years. The possible fines range from $390 to $1,000 as well.
The stakes get higher if someone is hurt or dies in a crash with a person driving under the influence. A DUI resulting in an injury “wobbles” between a felony and misdemeanor. The prosecution will decide whether to charge you with a misdemeanor or felony.
A DUI resulting in death is subject to even greater periods of incarceration. Depending on the facts, you could face anywhere between a year in prison up to life with the potential for parole at 15 years for a second-degree murder charge.
Fight for Your Freedom
Take charge of your future today. A conviction for a felony DUI means you could lose not only your liberty, but other freedoms too. You will lose your driver’s license, your right to vote, and your right to bear arms after a felony DUI conviction.
Don’t wait to see what happens. Call the Law Office of Mark Greany right away at 858-531-6387 if you have any questions about felony DUI in California.
Mark believes in fighting for your rights, and he believes in the Constitution. He will not rest until you have achieved justice in your DUI case.