DUI Defense
Rancho Cucamonga & Tustin DUI Defense Attorneys
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Find out how we can create the tailored, comprehensive defense you need for your DUI charge. Contact us day or night at (714) 824-4473 to start with a free initial consultation.
Is A DUI A Felony in California?
In California, a DUI (Driving Under the Influence) is not typically classified as a felony for a first or second offense. However, a DUI can become a felony under certain circumstances. Here’s how DUI offenses are generally categorized in California:
A first and second DUI offense is typically considered a misdemeanor in California. Misdemeanor DUI convictions can lead to penalties such as fines, license suspension, probation, DUI school attendance, and, in some cases, jail time. The specific penalties may vary based on the circumstances of the case and whether it is a first or second offense.
A DUI can become a felony under several circumstances, including:
- DUI with Injury: If a DUI results in injuries to another person, it can be charged as a felony. This is commonly referred to as a “DUI with injury” or “felony DUI with injury.”
- Multiple DUI Offenses: If an individual has three or more prior DUI convictions within a 10-year period, a subsequent DUI can be charged as a felony.
- Prior Felony DUI: If a person has a prior felony DUI conviction on their record, any subsequent DUI offense may also be charged as a felony.
It’s important to note that felony DUI charges can lead to more severe penalties, including longer jail or prison sentences, and may have a lasting impact on a person’s criminal record.
The specific consequences for a DUI conviction, whether misdemeanor or felony, can vary based on the circumstances, such as blood alcohol concentration (BAC), prior convictions, and the presence of aggravating factors. If you are facing DUI charges in California, it’s crucial to consult with a qualified attorney who specializes in DUI defense to understand the specific details of your case and receive appropriate legal advice.
Effective DUI Defense Strategies in Tustin, Orange County & Rancho Cucamonga
- Mechanical failure of the breathalyzer equipment
- Law enforcement’s failure to properly maintain and test breathalyzer equipment for accuracy
- Law enforcement’s failure to read the driver their Miranda rights
- The traffic stop was unjustified—for example, simply weaving within your lane does not constitute grounds for a traffic stop
- There was no probable cause for the DUI arrest
- The “evidence” that suggested the driver was intoxicated was actually evidence that he or she was simply fatigued or tired
- The driver’s BAC was lower at the time of driving than at the time of the test (common in cases where the driver is stopped soon after drinking or the test is delayed)
- Law enforcement failure to properly observe the driver for the required fifteen minute period prior to administering a breathalyzer test
See how the former prosecutors at Visco & Selyem Criminal Defense can create the right defense for your DUI case. Call (714) 824-4473 or use our online contact form to request a free initial case review.
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