There is no way around it: A felony charge of DUI is a serious crime and can result in years in prison, huge fines, and a strike on your criminal record. This strike can mean that if you have future run-ins with the law, your sentence would be much more significant. If your felony DUI is your third strike, you could face life in prison. Keep reading to learn what you should expect or simply call Chambers Law Firm at 714-760-4088 and request a free legal consultation.
At Least One of the Following Must Be True to Charge a Defendant with a Felony DUI
Most DUI charges are misdemeanors. In order for your DUI to be elevated to a felony level, at least one of the following must be true:
- Death or serious bodily injury resulted from the DUI
- You have a prior felony DUI
- You have a prior charge for felony gross vehicular manslaughter while intoxicated
- You have at least three convictions for DUI or wet reckless within the last decade
If your drunk driving resulted in a person’s death, then it can be charged as a felony DUI as well as manslaughter, vehicular homicide, or even second-degree murder.
Steps That Follow an Arrest for a Felony DUI
You should contact an attorney as soon as possible after a DUI arrest. We will begin working on your case right away and the more time we have to do so, the easier it will be to get the best results. We may be able to convince the prosecutor to either drop the charges or charge a lesser crime.
After you have been arrested, the prosecutor will file charges and your first court hearing will be at the arraignment. Next is the preliminary hearing, which is when the judge will make a decision about whether or not there is enough evidence to move forward with a trial. Your attorney will work to show the judge that there is not enough evidence and that charges should be dropped.
Potential Penalties for Conviction of a Felony DUI
If you are convicted of felony DUI, then the minimum jail sentence will be 180 days – thought you could spend four or more years in prison. You will have your driver’s license suspended for at least four years and receive a fine of at least $3,000. You will likely be required to take an 18-month alcohol education program. You will be ineligible for student loans or government assistance programs. If this felony DUI is your third strike, you could face 25 years to life in prison.
The good news is that you are not in this alone. To find out what your best defense options are or how a criminal defense attorney can help you, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
