Charged with a Felony DUI? Your Freedom and Future Are at Risk. Call Now.
Being charged with a felony DUI in San Diego, CA can have life-altering consequences. A felony DUI is far more serious than a misdemeanor DUI, and the penalties you face can drastically affect your life, career, and future. If you’ve been accused of driving under the influence and your case has been escalated to a felony, it’s critical to seek aggressive legal representation to protect your rights.
At Carolyn L. Oliver | Criminal Defense Law Firm, we offer experienced legal defense to clients in San Diego facing felony DUI charges. Our firm is committed to providing a comprehensive defense strategy designed to fight for your freedom and future. With our expertise in handling felony DUI cases, we will challenge every aspect of the prosecution’s case and work relentlessly to achieve the best possible outcome.
Contact Carolyn L. Oliver Now at (858) 663-6884 or Email: coliver1@san.rr.com to Schedule a Free Consultation.
When Does a DUI Become a Felony in California?
In California, most DUI offenses are charged as misdemeanors. However, in certain circumstances, a DUI charge can escalate to a felony. Understanding when this happens can help you assess the severity of the charges you are facing. Here are common situations that trigger a felony DUI charge in California:
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Fourth DUI within 10 Years: If you have three prior DUI convictions within the last decade, a fourth offense can result in a felony charge.
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Prior Felony DUI Conviction: Any subsequent DUI after a felony DUI conviction will automatically be charged as a felony.
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DUI Causing Injury (VC 23513): If your DUI causes another person to suffer injuries, the charge may be upgraded to a felony, and you could face serious legal consequences.
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DUI Causing Death (Watson Murder): If your impaired driving leads to a fatality, the charge may be classified as vehicular manslaughter or second-degree murder under the Watson Murder statute, a particularly severe felony charge.
Penalties for Felony DUI in San Diego
The penalties for felony DUI offenses are significantly harsher than those for misdemeanor DUIs. Depending on the specifics of your case, you could face the following penalties:
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Fourth or Successive DUI (within 10 years):
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16 months, 2 years, or 3 years in state prison
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Fines up to $10,000
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DUI Following a Felony DUI Conviction:
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16 months, 2 years, or 3 years in state prison
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Fines up to $10,000
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DUI Causing Injury (VC 23513):
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16 months, 2 years, or 3 years in state prison or
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Up to 1 year in jail if charged as a misdemeanor
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Fines up to $10,000
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Vehicular Manslaughter While Intoxicated (PC 191.5(b)):
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16 months, 2 years, or 4 years in state prison
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Fines up to $10,000
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Gross Vehicular Manslaughter While Intoxicated (PC 191.5(a)):
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4, 6, or 10 years in state prison
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Fines up to $10,000
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Watson Murder (Second-Degree Murder):
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15 years to life in state prison
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Fines up to $10,000
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If you have been arrested for a felony DUI, your future is at stake. Our legal team at Carolyn L. Oliver | Criminal Defense Law Firm will fight to reduce or dismiss the charges against you. We understand the complexity of felony DUI cases and are prepared to present a strong defense strategy to protect your rights.
Building Your Felony DUI Defense
A strong defense strategy is crucial when facing felony DUI charges. At Carolyn L. Oliver, we have extensive experience crafting tailored defense plans for each unique case. Some of the defenses we may explore include:
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Challenging the Legality of the Traffic Stop: Did the officer have a valid reason to stop you?
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Questioning the Accuracy of Breathalyzer or Blood Tests: Were the testing procedures followed properly?
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Challenging Field Sobriety Tests: Were the tests administered according to the guidelines?
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Disputing the Officer’s Observations: Did the officer make any mistakes during their observations of your behavior?
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Medical Defenses: Could any medical conditions or medications have impacted the results of your tests?
Our goal is to identify weaknesses in the prosecution’s case and leverage those weaknesses to secure the best possible outcome for you.
Protect Your Driver’s License After a Felony DUI Arrest
In addition to criminal charges, a felony DUI arrest can trigger an automatic suspension of your driver’s license. In California, you have only 10 days from the date of your arrest to request a DMV hearing to contest the suspension of your license. If you fail to request this hearing in time, your license will be automatically suspended.
A felony DUI defense lawyer can handle both the criminal case and the DMV hearing to give you the best chance of keeping your driving privileges while your case is pending. We will help you:
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Challenge the suspension of your license
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Present evidence in your defense
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Cross-examine the arresting officer
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Keep your license valid until the outcome of your case
Why Choose Carolyn L. Oliver | Criminal Defense Law Firm?
Our firm offers:
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Extensive experience in handling felony DUI cases in San Diego
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In-depth knowledge of California DUI laws
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A strategic approach to defense planning
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Compassion and clear communication with our clients
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A commitment to achieving the best possible results
If you or a loved one is facing felony DUI charges in San Diego, don’t wait to take action. The consequences can be life-changing, and we are here to help you protect your freedom and your future. Contact us today at (858) 456-3572 or email coliver1@san.rr.com to schedule your consultation.
Frequently Asked Questions (FAQ)
Can a Felony DUI Be Reduced to a Misdemeanor?
In some cases, we may be able to negotiate with prosecutors to reduce felony DUI charges to misdemeanors, depending on factors like your criminal history, the nature of the offense, and the strength of the evidence.
What Happens If Someone Was Injured in a DUI Incident?
DUI incidents involving injury are treated very seriously. The prosecution must prove that your impaired driving directly caused the injury, and we will carefully examine all evidence to challenge this where appropriate.
How Long Does a Felony DUI Stay on My Record?
A felony DUI conviction may remain on your record permanently unless you qualify for expungement. Our attorneys can discuss options for cleaning up your record after completing your sentence.
Contact Us Now
If you’ve been charged with a felony DUI in San Diego, don’t wait to defend your rights. Contact Carolyn L. Oliver | Criminal Defense Law Firm today at (858) 663-6884 or email coliver1@san.rr.com to discuss your case.
We’re ready to fight for your freedom and your future.
