In California, a DUI can be classified as either a misdemeanor or a felony, depending on various factors including prior offenses, the occurrence of any injuries, or other aggravating circumstances. The implications of a felony DUI are severe, necessitating a robust understanding of the elements, potential defenses, and penalties involved. This article will delve into the specifics of fighting a felony DUI in court. But if you are charged with this offense, it is essential that you consult with several experienced Orange County DUI attorneys.
Elements of a California Felony DUI
To successfully prosecute a felony DUI case, the Orange County District Attorney must prove certain elements beyond a reasonable doubt. Understanding these elements is crucial for crafting an effective defense strategy.
Prior DUI Convictions
One pathway to a felony DUI charge in Orange County is having three or more prior DUI convictions within a ten-year period. This includes DUI convictions from other states provided they are similar in nature to California’s DUI laws. However, not all out-of-state DUI convictions count and an Orange County DUI lawyer can challenge a prior conviction and, if successful, get your case reduced to a misdemeanor.
DUI with Injury
Another basis for elevating a DUI to a felony is if the driver causes bodily injury to another person. Under California Vehicle Code Section 23153, the prosecution must demonstrate that the driver was under the influence and that their actions were the proximate cause of injury to another individual.
DUI with Fatality
In the gravest scenarios, a DUI that results in the death of another person may lead to charges of vehicular manslaughter while intoxicated, Vehicle Code 191.5, or even second-degree murder, depending on the specific circumstances.
Legal Defenses Against Felony DUI Charges
Mounting a defense against a felony DUI charge requires an experienced Fullerton DUI attorney with a solid understanding of DUI laws. Several defenses may be applicable, depending on the facts and evidence of the case.
Unreliable Field Sobriety Tests
Field sobriety tests (FSTs) are often used by law enforcement to establish probable cause for a DUI arrest. However, these tests are not infallible. Your Fullerton DUI lawyer can argue that the results are unreliable due to improper administration of the tests, environmental conditions, or the physical condition of the accused.
Questionable Breathalyzer and Blood Test Results
The accuracy of breath and blood tests can be challenged by an Orange County DUI lawyer on various grounds, including improper calibration of the testing device, failure to follow proper testing protocols, or contamination of blood samples. An expert witness may be employed to scrutinize and highlight any potential flaws in the testing process.
Violation of Constitutional Rights
An adept Fullerton DUI attorney will explore whether any constitutional rights of the accused were violated during the arrest and subsequent investigation. This can include unlawful stops, detentions, or searches by law enforcement. Any evidence obtained through these rights violations may be deemed inadmissible in court.
Lack of Probable Cause
For a DUI arrest to be lawful, the officer must have had probable cause to believe that a crime was being committed. If your Orange County DUI attorney can demonstrate that the officer lacked probable cause for the initial stop, any evidence obtained as a result may be suppressed.
Alternative Explanations
Your DUI attorney might present alternative explanations for the defendant’s behavior or symptoms. For instance, certain medical conditions or prescription medications can mimic the signs of intoxication, offering a plausible alternative to alcohol or drug impairment.
Penalties for a Felony DUI in California
The penalties for a felony DUI conviction in California are daunting and have long-lasting repercussions. A comprehensive overview of these penalties can underscore the importance of a vigorous defense.
Incarceration
A felony DUI conviction can result in substantial incarceration. For a DUI with injury, imprisonment can range from 16 months to 10 years in state prison, depending on the severity of the injuries and the defendant’s prior criminal history. For a DUI with fatality, the penalties can escalate significantly, with potential sentences including 15 years to life in prison for second-degree murder charges.
Fines and Restitution
Felony DUI convictions carry substantial fines, often ranging from $1,015 to $5,000. Additionally, the court may order the defendant to pay restitution to victims for medical expenses, lost wages, and other related costs.
Driver’s License Suspension
A felony DUI conviction typically results in a lengthy suspension or revocation of the driver’s license. For a DUI with injury, the suspension period may be up to five years. The Department of Motor Vehicles (DMV) may also impose its own administrative suspension, independent of the court’s decision.
Probation
Apart from or in addition to incarceration, the court may impose a probation period. Probation conditions can include mandatory DUI alcohol education programs, installation of an ignition interlock device, community service, and regular meetings with a probation officer.
Employment and Social Consequences
A felony DUI conviction can severely impact one’s employment prospects. Many employers are hesitant to hire individuals with a felony on their record. Additionally, professional licenses may be jeopardized, further affecting livelihood. The social stigma attached to a felony conviction can also strain personal relationships and limit future opportunities.
Increased Insurance Rates
Car insurance rates will likely skyrocket following a felony DUI conviction. Some insurers may even refuse to provide coverage, making it challenging and expensive to maintain auto insurance.
Steps to Take if Facing a Felony DUI Charge
While the penalties are severe, those facing a felony DUI charge should take immediate, proactive steps to bolster their defense.
Seek an Experienced Orange County DUI Lawyer
Hiring an experienced Orange County DUI lawyer is paramount. Legal counsel can navigate the complexities of DUI law, investigate the circumstances of the arrest, and craft a thorough defense strategy. At The Law Office of EJ Stopyro we offer a free and confidential telephonic consultation. Call us today at (949) 278-6353 to schedule your consultation.
Gather Evidence
Your Orange County DUI attorney will subpoena critical evidence in your case. This includes obtaining any audio and video footage of the arrest, gathering witness statements, calibration and maintenance logs, and preserving medical records that may support alternative explanations for observed behavior.
Adhere to Legal Obligations
Complying with all court dates and legal requirements is critical. Failure to appear in court or adhere to imposed conditions can exacerbate the situation and lead to additional charges.
Consider Rehab or Counseling
Enrolling in a rehabilitation or counseling program can demonstrate a commitment to addressing any underlying issues related to alcohol or substance abuse. Your Fullerton DUI attorney can use this as a mitigating factor in negotiations or sentencing.
Fighting an Orange County felony DUI charge is a daunting challenge, but understanding the elements, potential defenses, and severe penalties involved can provide a strong foundation for mounting an effective legal battle. Through the guidance of an experienced Orange County DUI attorney and a proactive approach, it is possible to navigate the complexities of the legal system and strive for the most favorable outcome.