Felony DUI Defense Lawyer in San Diego 

Defending Against Felony DUI Charges in California

For most people facing a felony-level charge for driving under the influence (DUI), this isn’t their first offense. In some serious cases, however, you can face a felony with your first charge. You may be facing a situation where someone was injured in an accident. The state of California takes these cases very seriously, and the penalties are severe.

If you face felony DUI charges, reach out to The Law Offices of Casey & Angelos right away for dedicated DUI representation. We only handle DUI cases, and we do it well. Our lawyer, G. Cole Casey, is known throughout the San Diego area for his successful reputation and his leadership in DUI defense.

Call us at (619) 930-5490 or complete our online contact form to get started.

Understanding Felony DUI Charges in California

Although most DUI offenses fall into the misdemeanor category, several situations move the charges into the felony category under California law. 

Examples include the following:

• This is your fourth offense within 10 years.
• You had an accident that caused an injury.
• You have a prior felony DUI conviction.

DUI causing injury is charged under California Vehicle Code section 23153(a) or (b). The prosecution must prove that you drove while under the influence or with a blood alcohol concentration of at least 0.08%, committed an unlawful act or neglected a legal duty while driving, and caused bodily injury to another person.

We evaluate whether the prosecution can prove every required element, including the legality of the traffic stop, the reliability of chemical test evidence and causation of the injury. For a charge based on a prior felony conviction, the 10-year period runs from the prior conviction date to the new arrest date, and an out-of-state felony DUI conviction can also trigger felony charges in California.

What Are the Penalties for a Felony DUI in California?

The section 23153 offense is a wobbler, which means prosecutors may charge it as a felony or misdemeanor based on the allegations and circumstances.

A felony conviction can have severe punishments, including the following:

• If this is your fourth DUI within 10 years, you could face 180 days to one year in county jail or, when the case is filed as a felony, up to three years in prison. The penalties also include a fine from $390 to $1,000, revocation of driving privileges and habitual traffic offender status for three years.
• If you’re charged with DUI, causing a death, you could face up to life in prison.
• A felony DUI with injury typically carries two to four years in state prison, a five-year license revocation, restitution, fines and assessments, DUI school and ignition interlock device requirements. A great bodily injury finding can add three to six years and create a strike under California’s three-strikes law.
• A felony charge based on a prior felony DUI conviction can carry a state prison sentence or up to one year in county jail and a fine from $390 to $1,000.

Additional consequences that come with a felony conviction include:

• Voting rights are suspended while serving a state or federal prison term and return upon release. People on parole, probation or serving a felony sentence in county jail can vote.

None of this accounts for the personal consequences you may face regarding your family, your job and even your future career. If you hold a professional license, a DUI conviction can jeopardize your livelihood. At The Law Offices of Casey & Angelos, we understand what’s at stake and what’s important to you. We handle many high-profile and high-stakes cases in our office.