Felony DUI Attorney in Clovis

The Stakes Are High — So Is Our Commitment

At The Law Office of Brian C. Andritch, we understand the complexities and serious implications of facing a felony DUI charge in Clovis. Our team offers over 20 years of experience in criminal defense, delivering personalized and strategic legal representation to safeguard your future.

What Constitutes a Felony DUI in California

While most DUI offenses in California are misdemeanors, certain aggravating factors can elevate a DUI charge to a felony. Understanding these distinctions is crucial, as they determine the severity of potential penalties. As your felony DUI attorney in Clovis, we will meticulously assess why your charge has been elevated to a felony.

In California, a DUI can be charged as a felony under the following circumstances:

• DUI Causing Injury (Vehicle Code 23153 VC)
• Having Three or More Prior DUI Convictions Within 10 Years (Vehicle Code 23550.5 VC)
• Having a Prior Felony DUI Conviction (Vehicle Code 23550.5 VC)
• Vehicular Manslaughter while Intoxicated (Penal Code 191.5 PC) or Watson Murder (Penal Code 187 PC)

The presence of any of these factors transforms a typical DUI into a profoundly more serious legal challenge, demanding the comprehensive defense only a felony DUI attorney in Clovis can provide.

Penalties for Felony DUI in California

Felony DUI convictions in California carry penalties that are significantly more severe than those for misdemeanor DUIs, impacting every aspect of your life. The specific penalties depend on the nature of the felony (e.g., DUI with injury, multiple prior DUIs, or vehicular manslaughter/murder).

Common penalties for felony DUI in California can include:

1. State Prison Sentence:
   • DUI with Injury (VC 23153): 16 months, 2 years, or 3 years in state prison. Each additional injured victim can add another year. If “great bodily injury” (GBI) is proven, a further 3 to 6 years can be added consecutively.
   • Fourth DUI within 10 years or DUI with Prior Felony DUI (VC 23550.5): 16 months, 2 years, or 3 years in state prison.
   • Vehicular Manslaughter While Intoxicated (PC 191.5(b)): 16 months, 2 years, or 4 years in state prison.
   • Gross Vehicular Manslaughter While Intoxicated (PC 191.5(a)): 4, 6, or 10 years in state prison.
   • Watson Murder (PC 187): 15 years to life in state prison.
2. Fines: Substantial fines ranging from $1,015 up to $10,000, plus significant penalty assessments and court fees, which can escalate the total cost significantly.
3. Formal Probation: Typically 3 to 5 years of formal (supervised) probation, with stringent conditions that may include mandatory alcohol/drug programs, regular reporting to a probation officer, community service, and strict adherence to all laws.
4. DUI School (Alcohol and Drug Program): Mandatory completion of an 18-month or 30-month court-approved alcohol and/or drug education program (SB38 or longer programs).
5. Driver’s License Revocation: A lengthy license revocation, typically ranging from 4 years up to a lifetime revocation depending on the specific felony charge and prior record. While an IID may allow for a restricted license after a period, the total period of revocation is significant.
6. Ignition Interlock Device (IID): Mandatory installation of an IID in your vehicle for an extended period, often 1-3 years or more, even if you are eligible for a restricted license.
7. Victim Restitution: Court-ordered payments to victims for medical expenses, lost wages, property damage, and pain and suffering.
8. Habitual Traffic Offender (HTO) Status: A felony DUI conviction can lead to a 3-year HTO designation.
9. “Strike” Under California’s Three Strikes Law: Certain felony DUI convictions (especially those with GBI enhancements or for gross vehicular manslaughter) count as “strikes,” which can drastically increase sentences for any future felony convictions.

These severe consequences underscore the critical importance of retaining a seasoned felony DUI attorney in Clovis as soon as possible after an arrest.

Strategic Legal Defense in Clovis

Our unique approach at The Law Office of Brian C. Andritch leverages the insights of a former prosecutor. We anticipate prosecutorial tactics and formulate robust defense strategies. This strategic advantage can make a significant difference in navigating Clovis courts and achieving favorable outcomes. Our familiarity with local procedures and prosecutorial practices positions us to effectively advocate on your behalf.

We begin every case with a detailed analysis of the arrest circumstances, ensuring that law enforcement adhered to legal protocols. Our experience allows us to uncover procedural missteps or evidence inconsistencies, vital for building a robust defense. By employing advanced legal strategies and maintaining a proactive stance, we endeavor to mitigate charges or achieve case dismissals, ultimately aiming for the best possible outcome for our clients. Our commitment to each case is evident in our thorough approach, ensuring that our clients are well-equipped to face the challenges ahead.

Why Choose Our Felony DUI Defense Lawyers in Clovis

• Proven Track Record: Our history of case dismissals reflects our commitment and ability to fight for our clients.
• Personalized Attention: Each client receives a tailored defense strategy, ensuring all unique aspects of your case are thoroughly addressed.
• 24/7 Client Engagement: We maintain open communication with clients, offering support and guidance throughout the legal process.
• Local Expertise: Our deep understanding of Clovis’ legal landscape enhances our ability to navigate your case effectively.

Call Us for Trusted Legal Support

Facing a felony DUI charge in Clovis can be daunting, but you don’t have to face it alone. At The Law Office of Brian C. Andritch, our dedicated legal team is ready to provide you with the representation and guidance you need.

By choosing us, you access personalized care backed by decades of experience and a supportive legal partnership focused on your case’s unique aspects. Allow us to guide you through complex legal terrain with dedication and clarity, ensuring peace of mind during challenging times. Reach out to secure the professional representation and unwavering support you deserve from start to finish.

Frequently Asked Questions About Felony DUI in Clovis

What Defenses Are Available for Felony DUI Charges?

There are multiple legal defenses that may apply to a felony DUI case, and each must be carefully tailored to the circumstances involved. One potential defense is challenging the legality of the traffic stop that led to your arrest. If the stop was not based on reasonable suspicion or probable cause, the resulting evidence may be inadmissible. Additionally, inaccuracies in chemical testing—such as breathalyzers or blood tests—can be brought into question, especially if the equipment was not properly calibrated or the procedure was mishandled. We also review whether your constitutional rights were violated during the arrest, such as unlawful search or failure to read Miranda rights. In many cases, we work with toxicology experts or accident reconstruction specialists to identify weak points in the prosecution’s evidence and strengthen your defense.

How Can a Former Prosecutor Help My Felony DUI Case?

Having a former prosecutor on your side provides a distinct strategic advantage. A former prosecutor understands how the other side thinks, plans, and argues cases. This experience allows us to anticipate how the prosecution is likely to build their case and to proactively counter their strategies. We know what kinds of evidence they rely on and what procedural mistakes they tend to make. This insider knowledge helps us craft a more effective and targeted defense for our clients. Our familiarity with the local Clovis legal community also helps us navigate the courtroom more effectively, fostering productive negotiations and improving our chances of achieving favorable outcomes.

What Should I Do Immediately After a Felony DUI Arrest in Clovis?

If you’ve been arrested for a felony DUI, your first step should be to contact a qualified attorney immediately. Avoid making any statements to police or prosecutors until your lawyer is present. Begin documenting everything you can remember about the incident, including details of the arrest, your interactions with law enforcement, and the timeline of events leading up to the stop. Gather any evidence that may help your case, such as receipts, witness names, or personal communications that support your account of events. Early intervention by a legal professional can help protect your rights, secure your release on bail, and start building a defense strategy tailored to your circumstances.

Can a Felony DUI Be Reduced to a Misdemeanor?

Yes, under certain conditions, a felony DUI may be reduced to a misdemeanor. This often depends on whether there were injuries involved, the number of prior convictions, and the quality of the evidence. If the prosecution’s case has significant weaknesses or mitigating factors are present—such as no criminal intent, a borderline blood alcohol level, or rehabilitation efforts—a reduction may be possible. Your attorney can advocate for a lesser charge during negotiations or preliminary hearings, potentially avoiding the most serious consequences of a felony conviction.

Will I Lose My Driver’s License for a Felony DUI?

A felony DUI conviction generally results in the revocation of your driver’s license for at least one year, with longer suspensions possible depending on prior offenses and the severity of the case. However, it may be possible to request restricted driving privileges or enter a program that helps you regain limited driving rights. Your lawyer can guide you through DMV hearings and present arguments that support your eligibility for reinstatement or modification of the suspension.

Can I Still Get a Job After a Felony DUI?

Although a felony conviction on your record can limit your employment options—especially in fields requiring security clearance, professional licenses, or commercial driving—employment is still possible. Some employers are willing to overlook past convictions, especially if you have completed all sentencing terms and demonstrate a commitment to rehabilitation. Seeking an expungement, when eligible, can also improve your prospects by removing the conviction from your public record. We assist clients in both the immediate legal defense and the longer-term steps toward rebuilding professional opportunities.

What’s the Difference Between a Felony and Misdemeanor DUI in Clovis?

The main distinction between a misdemeanor and a felony DUI lies in the severity of the circumstances surrounding the offense. A misdemeanor typically applies to first or second DUI offenses without injuries or aggravating factors. A felony, on the other hand, involves repeat offenses, injury or death, or situations involving dangerous driving conduct. Felony convictions come with significantly harsher penalties and long-term consequences, making the need for strong legal representation especially critical.