Fresno Felony DUI Lawyer

Strong Defense Solutions for Serious DUI Charges

In California, operating a vehicle under the influence of alcohol or drugs is illegal. When you are found with a blood alcohol concentration (BAC) of .08% or higher for adults, .04% or higher for commercial drivers, or .01% or higher for those under the age of 21, you may be arrested for either a misdemeanor or more serious felony offense. How you are charged will depend on a number of factors and your individual circumstances. It is important that you speak with a skilled felony DUI attorney in Fresno as soon as possible, no matter what your case may be.

Understanding Felony DUI Charges in California

While most DUI offenses in California are charged as misdemeanors, aggravating factors from your arrest or your past may be used against you to enhance the charges.

A DUI will be considered a felony if:

• Another person was seriously injured as a result of the DUI
• Another person was killed as a result of the DUI
• You have been convicted of three or more DUI offenses within 10 years
• You have a previous felony DUI conviction on your record

Other aggravating factors include excessive speeding, having a minor in the car at the time of the arrest, fleeing from the police, having an excessively high BAC (generally .15% or higher), and being on probation for a prior offense.

The potential penalties for a felony DUI conviction depend on the circumstances outlined above. For example, if your DUI caused serious injury, you may be sentenced to $5,000 in fines; a prison sentence of 16 months to 2 years, plus additional years per victim who suffered injury; loss of your license for 5 years; up to 30 months of mandatory DUI school, plus additional addiction treatment; and additional consequences on your criminal or driving record.

Having Three DUI Convictions on Your Record

If you are convicted of DUI for the fourth time in 10 years, the current offense can be charged as a felony. Prior convictions do not have to have occurred in California, and wet reckless convictions and equivalent charges from other states will count as having prior DUI convictions on your record.

It is important to note that the prosecutor may also charge a fourth offense as a misdemeanor, especially if there are no aggravating factors, such as injuries or a death. This is why it is important to have a skilled Fresno felony DUI attorney on your side throughout your case. At The Law Office of Brian C. Andritch, we may be able to negotiate your charge down to a misdemeanor, which is considered less serious.

In general, if you are convicted of a fourth DUI offense in 10 years, you may face 16 months to 3 years in prison; more than $5,000 in fines and costs; loss of license for up to 10 years; mandatory DUI school for up to 30 months; mandatory addiction treatment programs; 5 years of probation; and 3 years of being a habitual traffic offender.

Consequences of Felony DUI Charges

Being charged with a felony DUI in California can have serious repercussions on your life. Felony DUI charges are considered more severe than misdemeanor charges and can result in harsher penalties, including significant fines, license suspension or revocation, mandatory alcohol education programs, and even jail time.

It is important to understand the potential consequences of a felony DUI conviction, as it can impact your future employment opportunities, housing options, and personal relationships. Our team of experienced Fresno felony DUI attorneys at The Law Office of Brian C. Andritch is here to provide you with strong defense solutions and guidance throughout the legal process.

Don’t wait until it’s too late. Contact us now to schedule a consultation and learn how we can help you navigate the complexities of felony DUI charges in California.

How Our Fresno Felony DUI Lawyers Can Help

Do not deal with a fourth or felony DUI on your own. At The Law Office of Brian C. Andritch, our experienced attorney is dedicated to fighting for your rights and freedom, no matter what your circumstances. We will look at the unique circumstances of your matter and devise a defense solution that helps protect your rights and your license.

What to Expect During the Legal Process

Understanding the legal procedures involved in a felony DUI case can alleviate some of the stress associated with the process. Initially, the arrest is followed by a booking process where records are made and fines may be set for your release on bail. It’s crucial to have competent legal counsel at this stage to ensure that bail amounts are fair and remind you of your rights.

Once released, your arraignment will be scheduled, where a plea is entered. This is when having a seasoned felony DUI attorney in Fresno becomes invaluable as they can negotiate with the prosecution service to potentially reduce charges. During the pretrial conference, necessary defenses can be established, and motions can be filed to strengthen your defense. An experienced attorney can guide you through each of these steps and lay out the strategy tailored to your needs.

Fresno-Specific Challenges & Considerations

Navigating a felony DUI charge in Fresno comes with its own set of challenges. The local geography, with its sprawling urban areas and the proximity to rural highways, often sees a unique mix of DUI incidents. This requires a comprehensive defense strategy that takes into account the particular circumstances of Fresno’s roadways and law enforcement practices.

Moreover, Fresno County has been known for its rigorous enforcement of DUI laws, often utilizing checkpoints and enhanced patrolling during weekends and holidays. Awareness of these local enforcement patterns can be crucial. Working with a DUI lawyer in Fresno who understands these local nuances can offer significant advantages in mounting your defense and navigating the judicial landscape particular to this region.

Frequently Asked Questions

What Are the Steps I Should Take Immediately After a DUI Arrest?

After a DUI arrest, the first step is to remain calm and cooperative with law enforcement. Collect and safely store all documentation related to the arrest, such as your arrest report and any evidence gathered at the scene. It is vital to contact a felony DUI defense attorney in Fresno as soon as possible to begin building your defense strategy. You should also record your own account of the events leading to your arrest while the details are still fresh.

Securing timely legal assistance can help in navigating license suspension hearings with the DMV, which are separate from criminal proceedings but follow shortly after an arrest. Immediate action is important, as there are critical deadlines, such as typically a 10-day window to request a DMV hearing to contest license suspensions, which can be easily missed without expert guidance.

How Can a Fresno Felony DUI Attorney Assist with DMV Hearings?

DMV hearings are an essential part of the process following a DUI arrest. Unlike criminal court procedures, these administrative hearings determine the status of your driving privileges and are held by the Department of Motor Vehicles (DMV). Having an attorney with experience in both DUI law and DMV procedures can significantly influence the outcome of your hearing.

At this hearing, which must be requested within a specified time after the arrest, your lawyer can contest the suspension of your driver’s license by questioning the validity of the arrest and the evidence collected. Quite often, the insights from these proceedings can also provide valuable leverage in your ongoing criminal case, potentially affecting the negotiation strategies employed in court.

What Are the Consequences of Not Contesting a DUI Charge?

Failing to contest a DUI charge can result in automatic penalties that may have a long-term impact on your life. These can include a permanent criminal record, which can affect everything from employment opportunities to housing options, and the loss of driving privileges for extended periods. Additionally, you might face steep fines and mandated enrollment in drug and alcohol education programs, which could extend over several months or even years.

Furthermore, once a DUI charge becomes part of your criminal history, any future offenses often result in much harsher consequences. The compounding nature of DUI laws means that each subsequent offense will carry significantly increased penalties, making it crucial to address each charge with diligence and appropriate legal intervention.

What Factors Affect the Penalties for a Felony DUI in California?

Several factors influence the penalties associated with a felony DUI in California. Key considerations include the severity of intoxication (BAC level), whether there were any injuries or fatalities, and the driver’s prior record. An individual with multiple DUI offenses stands to face steeper consequences, including longer jail time and higher fines.

The presence of aggravating factors such as having a minor in the vehicle or excessive speeding at the time of arrest can further worsen the severity of penalties. Judges weigh these circumstances when issuing sentences, emphasizing the necessity of having knowledgeable legal counsel to negotiate and potentially reduce charges where possible.

How Does a Felony DUI Affect Employment Opportunities?

A felony DUI conviction can significantly impact your employment prospects. Many employers conduct background checks during the hiring process and may be deterred by a felony record. Fields that require driving as part of the job, such as trucking or delivery services, may be off-limits for those with a DUI conviction on their record.

Furthermore, professional licenses required in fields like law, medicine, or education could also be at risk. The reputational impact of a felony DUI can extend into personal relationships and community involvement, making it crucial to approach a DUI defense with a comprehensive strategy that considers these broader implications.