If you’re confronting a felony DUI charge in San Diego, CA, the expertise of a criminal defense attorney is essential. With more than a decade of legal experience, we know what it takes to defend you and protect your freedom.
The penalties of a felony DUI conviction can be serious; don’t underestimate the need for professional help.
For help with a DUI charge or any related matter, contact our Law Firm at Blair Defense Criminal Lawyers today, you can call us at (619) 357-4977. Our experienced San Diego felony DUI attorneys are here to help.
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How Blair Defense Criminal Lawyers Can Help if You’re Arrested for Felony DUI in San Diego
Being arrested for a DUI in San Diego, California, can be an overwhelming experience, but our award-winning criminal defense lawyers are here to ensure you receive quality legal representation.
Here’s how we can help:
Comprehensive Case Review
We start by undertaking a comprehensive review of your case and the circumstances surrounding your arrest. This includes detailed analysis of the police report, breathalyzer results if applicable, as well as any conflicting testimony.
Identify Errors in Your Arrest Process
It’s not uncommon for law enforcement to violate procedural rules during DUI arrests. Our team will closely analyze their actions and determine if any of your rights were violated. If they were, we can file a motion to suppress the related evidence.
Expert Witnesses Consultation
If needed, we often consult traffic experts or forensic toxicologists who can provide testimony that can challenge the prosecution’s evidence against you.
Negotiate
Our attorneys negotiate with prosecutors in an attempt to get a reduction in charges or, in some cases, a dismissal of charges.
A strong legal advocate is essential when facing something serious like a felony DUI charge. Look no further than our trusted San Diego DUI lawyers.
Overview of Felony DUI in California
A DUI is often a misdemeanor charge. But in some circumstances, it becomes a felony when aggravating factors are present. Here’s when this could happen:
Death or Serious Injury
If you’re found responsible for causing serious injury or death to another person because of driving under the influence, it elevates an ordinary misdemeanor DUI charge to a felony.
Multiple Prior Convictions
California law dictates that if you have had three prior convictions for either wet reckless or DUIs within the last ten years, then your new offense will be bumped to a felony charge.
Prior Conviction of Felony DUI
If you’ve previously been convicted of a felony DUI, any new DUI arrests will likely be charged as a felony as well.
Facing a felony DUI charge in California is a serious matter with profound implications. Having skilled legal representation on your side is essential.
What Are the Penalties for Felony DUI in San Diego, California?
Being convicted of a felony DUI in San Diego, California, can trigger severe legal repercussions.
Felony DUI Causing Serious Injury or Death
The penalties for this include:
- Prison sentence ranging from 16 months to 16 years
- Fines and restitution as high as $5,000
- Loss of driver’s license for up to five years
- DUI school for 30 months.
Other penalties could apply as well, depending on the case.
Felony DUI Based on Prior Convictions
If your felony DUI charge is based on a history of previous DUI convictions, the penalties are different. In this situation, you face:
- 16 months to 3 years in prison
- Fines and restitution of up to $1,000
- Driver’s license suspension for up to four years
- DUI school for up to 30 months.
You may also have to install an ignition interlock device in your vehicle when convicted of a DUI. The gravity of these penalties makes it clear that legal counsel is critical when faced with felony DUI charges.
What Defenses Can Be Raised if I’m Arrested for Felony DUI in San Diego?
If you’re facing a felony DUI charge, several defenses may be available depending on the specifics of your case. While some of these attack the DUI charges directly, others argue that the DUI should not be a felony charge.
Not Under the Influence
One possible defense strategy is arguing that although arrested for a DUI, you were not actually under the influence at that time. This can be done by providing non-intoxication testimony or by pointing to an absence of chemical testing showing intoxication.
Absence of Death or Serious Injury
Without serious injury or death resulting from your driving under the influence incident, raising this as a defense might reclassify your charge from felony to misdemeanor status.
No Prior DUI Convictions
A defining factor for felony DUI charges is prior DUI offenses. If it can be proven that you do not have these prior convictions, this can be used as an argument that your DUI should be charged as a misdemeanor instead.
Faulty Breathalyzer Equipment and/or Calibration
Breath tests administered for DUI arrests must abide by stringent calibration standards to ensure that their readings are accurate. If it is found that the equipment was faulty or improperly calibrated when you were tested, this may help in challenging your charges.
The effectiveness of these defenses relies on numerous factors, including available evidence, witness statements, and the competence of your attorney. Contact us if you need help.
Facing a felony DUI charge in San Diego is a scary and overwhelming experience, but don’t let it rob you of your future. You don’t have to go through this alone; reach out to us today and allow our experienced defense attorneys to represent you throughout this challenging process.
Contact our law firm Blair Defense Criminal Lawyers today, you can call us at (619) 357-4977. to schedule a free consultation with a San Diego felony DUI attorney.
