When filing charges for a DUI, California law enforcement officers consider certain circumstances to decide whether the offense is a felony or misdemeanor. If you are involved in a car accident, and your BAC is high, you may be charged with a felony, even if you are not at fault.
When you are charged with a felony for driving under the influence in California, you take action to fight the charges. Call a felony DUI lawyer at Walsh Law today and let us fight to protect your rights.
The legal BAC limit in California is 0.08%. In many cases, you do not have to have a BAC exceeding this limit to be charged with a DUI because the prosecutor can provide additional evidence of impairment, such as erratic driving behavior. Although it’s never a good idea to drive after drinking, your BAC can be affected by several factors. For example, heavier people, men, and people who have recently eaten might be able to drive safely compared to others who drank the same amount.
A first-offense DUI with no injuries is often charged as a misdemeanor. DUI can become a felony under California Vehicle Code Section 23153 when:
An experienced felony DUI lawyer in Folsom could investigate your DUI case, build a strong defense, and help you avoid conviction or determine if your charges can be reduced.
Penalties for a felony DUI in California are harsh. Depending on the circumstances of your case, being convicted can bring penalties such as:
Penalties are also serious for offenders with prior DUI convictions. Subsequent convictions could face anywhere from 16 months to three years in state prison, a $1,000 fine, and lose their driver’s license for up to 30 months and have to complete DUI school for up to 30 months.
In addition to criminal penalties, those convicted of a felony DUI could face social consequences such as:
Clearly, the consequences of a DUI are far-reaching and can change your life forever. Our felony DUI lawyers in Folsom have years of experience defending against charges like yours and could help you get the best possible case outcome.
Being arrested for a felony DUI doesn’t mean you’ll be convicted and face the worst penalties. The prosecutor must prove beyond a reasonable doubt that you are guilty of a felony DUI. As former prosecutors, our attorneys understand how the state will pursue its case against you and how to challenge their evidence. Your situation might feel hopeless, but keep in mind you have the right to answer to the charges against you and present a defense.
Your attorney will determine the appropriate defense strategy for your circumstances to give you the best chance of avoiding conviction. We can explore defenses such as:
We recognize that there are many situations that could lead to a felony DUI charge. We also believe that one mistake shouldn’t affect your life forever or define who you are. Felony DUI charges are serious, and we are available to discuss how we may be able to help.
We know your future is on the line, and we’ll take action to protect it. When you are accused of felony DUI, we’ll fight to minimize the consequences you face. Our Folsom felony DUI lawyers are dedicated to advocating in your best interest for the best possible outcome, whether it’s for a reduction or dismissal of the charges our clients face. You deserve a passionate and tenacious defense, and we can provide it.