Criminal Defense Attorneys Defending Individuals Charged With a Felony DUI Offense
Typically, driving under the influence is charged as a misdemeanor offense. However, some Los Angeles DUI charges may be filed as a felony DUI case. If convicted, the legal penalties are harsh and could impact your future opportunities for many years. This could include the loss of your California driver's license, large fines, and incarceration in state prison.
If you have been arrested or charged with a felony DUI offense in LA County, it's critical to consult with a Los Angeles felony DUI attorney at our law firm immediately. We will review all the details of your case in order to start preparing an effective strategy. At Eisner Gorin LLP, our criminal defense lawyers provide aggressive DUI defense against even the most complex charges. With our decades of combined experience in criminal law, we have helped numerous clients achieve successful outcomes for their felony DUI cases.
Felony DUI Charges in Los Angeles County
There are two scenarios in which a person may be charged with a DUI as a felony:
- You have obtained three or more convictions for DUI or Reckless Driving Involving Alcohol within the last 10 years.
- You were involved in a DUI accident causing injury to another person.
A person who has obtained three or more convictions for DUI (or Reckless Driving Involving Alcohol) within the preceding 10 years may be charged with Vehicle Code 23152 as a felony. If convicted, they may be sentenced to state prison or placed on probation. If they are granted probation (whether convicted of a felony or misdemeanor), they will still be required to serve a minimum of 180 days in county jail and surrender their driver's license to the court. They will also be deemed a habitual traffic offender and their license will be revoked for three years. Call a Los Angeles felony DUI lawyer at our office for more information.
DUI Accident Causing Injury
In the unfortunate circumstance where someone is injured as a result of the accident, the defendant will likely be charged with violating Vehicle Code 23153. In that case, the arrested person is typically charged with:
- Vehicle Code 23153(a), otherwise known as Driving Under the Influence Causing Injury
- Vehicle Code 23153(b), otherwise known as Driving with a BAC of .08% or Higher Causing Injury
Vehicle Code 23153 can be charged as either a misdemeanor or a felony. The decision to file the case as a felony or a misdemeanor usually depends upon the severity of the accident and the extent of the injured person(s) injuries, as well as the driver's prior criminal history.
A Watson DUI Murder is the California state criminal offense of implied malice murder while driving under the influence of drugs or alcohol. California Vehicle Code 20001 describes felony hit and run with injury and makes it a crime to leave the scene of an accident in when someone was injured or killed. We know the best legal strategies to avoid jail time in DUI causing injury cases.
Consequences of a Felony DUI Conviction
There are many collateral consequences to having a felony conviction. You are prevented from owning, possessing, or using a firearm for the rest of your life. You are prevented from voting while serving a state prison sentence (even if you are serving that sentence in county jail) or while on parole. If sentenced to state prison, you are barred from expunging your conviction in the future. For that reason, if you have been arrested and may be charged with a DUI as a felony, we recommend that you contact a Los Angeles felony DUI defense attorney at our office as soon as possible. Our experienced criminal defense attorneys will take immediate steps to try to avoid the filing of felony charges and will work with you to prepare your case to avoid a felony conviction.
Legal Defenses Against Felony DUI Charges
An experienced Los Angeles felony DUI defense attorney from our law firm will always pursue the most favorable outcome of your case. It may be possible to get your felony charge reduced to a misdemeanor. Additionally, there are a variety of legal defenses we can use, including: Seek potential legal errors made by police and any weaknesses in the prosecutor's case in order to determine the possibility of case dismissal. Did police have sufficient probable cause for the traffic stop? If charged with a felony DUI offense as a result of an accident causing injury, the prosecutor has to prove beyond a reasonable doubt you caused the accident. We may be able to prove the other driver caused the accident.
Our Los Angles felony DUI attorneys work closely with our clients and our in-house private investigator to document an accident scene with charts and photographs and will employ an accident reconstruction expert in order to establish fault with the objective to demonstrate the other party may have been responsible for the accident.
History of Success Defending Felony DUI Charges
Our Los Angeles felony DUI lawyers have a history of courtroom victories defending our clients against felony DUI charges in all Los Angeles County courts. The successful case results include:
- Van Nuys Superior Court - Felony DUI and refusal charges dismissed: Our client was accused of causing an accident after apparently falling asleep at the wheel. He rear-ended another vehicle resulting in injuries to the occupants. LAPD officers arrested him for felony DUI charges after claiming he took too much prescription medication. Police officers decided that he was being uncooperative and charged him with refusing blood alcohol testing due to miscommunication because English was his second language. After negotiation, all DUI charges were dismissed and the allegation that he refused the testing was also dropped.
- Glendale Superior Court - Felony DUI causing injury charges dismissed: Our client was charged with felony DUI with injuries and had a prior charge for the same thing. Prior to the preliminary hearing, Our Los Angeles DUI attorneys negotiated with the prosecutor and were able to have the case reduced to a misdemeanor DUI. Instead of prison time for a felony DUI, our client received credit for his time already served and community service.
- Los Angeles Superior Court - Felony charges reduced to misdemeanor: Our client was arrested after he struck two pedestrians in a designated crosswalk, where one of the pedestrians suffered a broken arm. We were able to convince the prosecutor to reduce the charge to a misdemeanor due to the fact that the pedestrians ran into the crosswalk giving our client little time to react. Our client was given the mandatory minimum punishment for a first-offense DUI plus 30 AA meetings.
Contact a Los Angeles Felony DUI Attorney
As former DUI prosecutors, our Los Angeles felony DUI lawyers have a unique understanding of the criminal justice system and know how to proceed after a felony DUI arrest in a timely manner that will protect your rights and freedom.
At Eisner Gorin LLP, an experienced DUI lawyer from our office will aggressively defend your case and seek reduction or dismissal of the DUI charges you are facing. We understand DUI arrests can be embarrassing and do everything possible to handle your case in a confidential and sensitive manner.
For a free immediate response with a Los Angeles felony DUI lawyer, call our office at 877-781-1570.