No matter how you slice and dice it, drunk driving is a criminal offense in California. If you are arrested and charged with DUI, you face fines, license suspension, imprisonment and a criminal record for the rest of your life. Can you be charged with a felony if you are arrested for DUI?
The answer is, yes. In this blog, our Ventura DUI attorney explains what a felony DUI is and how you can get one.
In California, you could be charged with a felony DUI in three circumstances.
1.If your accident caused bodily injury to another passenger or third-party
If your accident injured the other parties in your car or there was another car involved in your accident and those people were injured, you could be charged with a felony. The injuries have to be serious, meaning cuts and bruises don't count. Additionally, it must be proven that you were at fault for the accident.
2.If you have been convicted with four DUIs within 10 years
You could also be charged with a felony DUI if you have been charged and convicted of DUI three times before within a 10-year period. If you were previously charged with reckless driving, involving alcohol or what is commonly referred to as a “wet reckless,” the charges will be counted as DUIs.
3.If you have a prior DUI conviction
Finally, if you have a previous DUI conviction at all on your record, a judge may consider bumping up your misdemeanor DUI charges to a felony. This could be true for cases involving low BAC levels or cases without injuries or damage.
If you have been charged with a felony DUI, you need an experienced Ventura DUI lawyer to fight for you. Call Wilfert Law P.C. today to set up a free consultation.