Fresno Felony DUI Attorney
Strong Defense Solutions for Serious DUI Charges
In California, operating a vehicle under the influence of alcohol of 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 will 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 Fresno DUI attorney as soon as possible, no matter what your case may be.
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 for 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.
Felony DUI Is Complex. Contact Us Now for 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 fight 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.
"He really eased my mind while going through the process."Former Client
"I cannot explain much but if you are in need of help Brian is the person to go to."Former Client
"He was very informative and helpful."Former Client
"Was also careful to give me a straightforward account of what to expect during and after my case."Former Client
"Brian helped me get it dismissed due to no probable cause."Former Client
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