In some situations, the aggravating factors can also raise the charge from a misdemeanor to a felony.
As seen above, a DUI resulting in physical injury or death is an example of this. There are very few black and white examples of what raises the aggravating factors to a felony charge level, so we will approach this conceptually; the core concept is damage and culpability of the action. The Courts view DUIs themselves as severely punishable offenses, however, when there are actual consequences caused by driving under the influence, the Courts become much harsher.
Naturally, as the amount of damage increases, so do the chances of you being charged with a felony DUI. Similarly, the higher your BAC at the time you cause the damage, the higher the odds you will be charged with a felony DUI. This is a fairly clear example of what must happen to be charged with a felony DUI.
The closer you get to a BAC of 0. Once you hit a BAC of 0. California Courts treat hit and runs as very serious offenses to begin with, this is even more so when the driver was intoxicated at the time the hit and run occurred. One could speculate that the punishments are so stiff, because proving that someone was drunk at the time of the hit and run is extremely difficult, and the Courts want to deter people from engaging in that conduct.
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In California, DUIs carry stiff and long-lasting consequences if you are convicted. The punishments become significantly harsher when you are convicted of a felony DUI. Not to mention the public stigma associated with being a person who has been convicted of a felony or of driving under the influence.
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Utilizing our years of experience, we will bring our considerable knowledge to bear on your case, ad fight for the best outcome available. It is important to contact us as early as possible so that we can begin building the strongest defense possible for your case. In many cases, the Prosecutor is open to plea bargains, if the Defendant is truly remorseful, and attempting to make steps in the right direction. If anybody ever asked me to refer a criminal lawyer to them, I would give them Negin Yamini's phone number right away. I am so grateful that I listened to my friend and hired her to take my case and fight for me.
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4 Ways A DUI Can Become A Felony
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She wins. The person convicted on his or her fourth or more DUI within a ten year period will be ordered to complete up to 30 months of DUI classes and will have a "Habitual Traffic Offender" designation on his or her DMV record for three years, which will result in increased penalties for subsequent driving offenses 4.
It is important to consult an Orange County felony DUI attorney who can help you try to avert or minimize any penalties. Anyone who is arrested should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated. California DUI.
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DUI Sentencing. Punishment 2 The punishment on a felony DUI four or more DUI can be quite severe and can even result in a lengthy sentence of incarceration in state prison. The two men stopped at a local San Diego bar.
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