For a complete discussion on DUIs, please refer to the appropriate page. Once you understand the nature of a DUI, the next big question is to know whether it will be treated as a misdemeanor DUI or a felony DUI. To better address this topic, you need to understand what felony means.
A felony is generally considered to be a crime of high seriousness that has severe repercussions on others and society. When imprisonment is involved, the sentence is usually one year or more.
If you or a loved one were stopped for a felony DUI, call our San Diego felony DUI lawyer immediately at (619) 258-8888. Do not make any statements or pay bail before consulting with us. No matter the circumstances, we will mount the most effective defense for you and attempt to avoid a felony DUI conviction.
A Felony DUI is a Serious Issue.
As it applies to Driving Under the Influence in San Diego (or California in general), prosecutors will seek a felony DUI conviction in cases where the Blood Alcohol Content (BAC) is extremely high or high levels of drugs were detected. Another factor is the number of times you have been stopped for Driving Under the Influence.
A rapid succession of 2-3 arrests in a short period of time or accumulating four or more arrests over a lifetime will play a role in classifying your case as felony DUI. Finally, aggravating factors such as hit and run, the degree of property damage, and especially cases involving bodily harm to others will lead to a felony DUI conviction (see paragraph on penalties and aggravating circumstances below).
Penalties and Aggravating Circumstances – Factors that lead to a Felony DUI conviction
A felony DUI conviction that caused injury to others can lead the prosecutor to ask for up to three years in state prison, with another year added for every victim. If anyone was seriously injured, a Great Bodily Injury enhancement may apply that could increase time in prison by another three years. A conviction for a felony DUI could also count as a strike under the state’s Three Strikes law. Follow the appropriate links to learn more about GBI (Great Bodily Injury) and the Three Strikes law.
In any case, in addition to the felony DUI conviction that may carry heavy fines, the cost of restitution of any damages caused, the cost of medical care for you and anyone affected by the accident, and possible punitive damages can be exorbitant. If you have any additional questions, please contact our San Diego Criminal Lawyer for a free consultation at (619) 258-8888.
