A felony DUI is a serious charge that can have a significant impact on your life. In California, not every DUI is automatically a felony. If you are arrested for a DUI for the first, second or third time and there are no aggravating factors then your DUI will be considered a misdemeanor. However, a DUI will be considered a felony in California law if:
- The DUI caused one or more injuries or fatalities;
- You have three or more previous DUI convictions within the past 10 years; or
- You have at least one previous DUI felony conviction.
Arrest and Court Procedures for a DUI Felony Charge
At the time of the arrest, the police officer must provide the suspected drunk driver with his or her Miranda rights. In a CA felony DUI case, the arresting officer will usually take possession of the suspect’s driver’s license though you usually may continue to drive for 30 days pending a review by the Department of Motor Vehicles (DMV).
California DUI Law requires a person arrested for drunk driving to submit to a chemical test to measure the level of alcohol or drugs in the person’s bloodstream at the time of the arrest. Failure to comply with this can result in 1-3 year license suspension.
After you are arrested you will face an administrative DMV hearing that will decide the fate of your driver’s license and a formal criminal case in state court. You will have the right to a jury trial in the criminal case and the outcome of that case will decide whether you are found guilty and whether legal consequences are imposed.
Effect on Records and Employment
If you are convicted of a drunk driving felony then that will appear on your record. An employer may see that you have a prior felony conviction when it does an employment background check. Likewise, if driving is a significant part of your job, or if your employment contract allows you to be fired for a felony, then you may be discharged from your job.
DMV/DUI Implications for Felony DUIs
As stated above, the DMV and criminal courts have different roles to play in felony DUI cases. The DMV is responsible for deciding the fate of your license and registration. If you are convicted then your sentence could range from a 1 year license suspension to a permanent revocation.
Criminal penalties can include jail time, fines, required ignition interlock devices, and completion of driving education classes. Aggravating factors such as fatalities that result from the accident or a significantly high blood alcohol level can result in an enhanced sentence.
Felony DUIs Defense Options
Many felony DUI cases are successfully defended by presenting evidence that the accused driver was not actually drunk at the time of the accident or that the police failed to follow proper procedures in the arrest.
Getting Help From a Lawyer
A DUI Lawyer in California can properly analyze the evidence, prepare a strong defense, and negotiate a fair plea bargain, when appropriate. The consequences of a DUI felony can be significant. Therefore, it is important to protect yourself by having a California DUI lawyer represent you beginning as soon as possible after your arrest.
