The fine stays the same, but sentences can even include prison instead of incarceration in a local jail. With probation, the jail sentence can be from days to one year, a four-year license revocation, and an month alcohol and drug treatment program. Without probation, the county jail time could be replaced with 16 months to three years in a state prison.
If someone is killed or seriously injured, the criminal penalties are substantially greater. The procedure in a felony case is somewhat different from that in a misdemeanor. Similar to a misdemeanor, your first appearance before the court will be at your arraignment where you plead guilty or not guilty and your attorney obtains discovery. One difference is, that with a felony, your presence is required at each and every court appearance.
After arraignment, you will go back to court for a pre-preliminary hearing and then an actual preliminary hearing. The preliminary hearing is like a mini-trial where minimal evidence is put on to determine whether there exists sufficient evidence to hold you over on any and each of the charges against you.
Getting your DUI dismissed What if the police didn't read me my rights? In addition to facing possible jail as opposed to prison time, a misdemeanor DUI will not require a preliminary hearing or the convening of a grand jury, whereas a felony DUI case would. Necessary cookies are absolutely essential for the website to function properly. You will also probably be required to participate in a residential treatment program as part of your grant of probation. Phone Number. William Weinberg has defended DUI cases for over 20 years and knows what it takes to get the best possible results. With his background and the collective experience of our criminal defense attorneys, we fight for clients charged with both misdemeanor and felony DUIs, and work aggressively to pursue the best possible results on their behalves — whether that means charge and penalty reductions, dismissals, or sentencing alternatives.
From here, the case proceeds similarly to a misdemeanor again. A plea agreement can be reached at any stage, either prior to or after preliminary hearing, in a felony case. You have to act quickly to protect your rights, otherwise your license will be suspended without a hearing. The California Department of Motor Vehicles DMV has administrative guidelines separate from the criminal sentencing guidelines outlined above.
The length of a DUI license suspension depends upon age and any prior convictions for drunk driving.
You should know that California law requires drivers to take drug or alcohol tests when they are requested by an officer. Depending upon the situation, these tests could be Breathalyzers or blood tests. A refusal automatically increases the length of the suspension.
Obviously, these suspensions only apply if you refused the test or agreed and failed to actually take it. As a licensed driver, you are most likely aware of the dangers of drunk driving.
Unfortunately, if you are charged with a California DUI felony offense, nothing could be further from the truth. Under state law, any driver with a BAC of 0. However, underage drivers, can be charged with DUI if a chemical test detects even a small amount of alcohol in their bloodstream—in other words, a BAC above 0. Commercial drivers, on the other hand, are considered impaired with a BAC of 0. You can also be charged with DUI if you refuse to allow an officer to determine your blood alcohol content by administering breathalyzer or other chemical test.
That is particularly true when the felony charge is based on a prior out-of-state conviction. In those cases, it is often possible to argue successfully for a reduction of the charge to a misdemeanor.
A combination of legal challenges to the way the evidence was gathered and factual challenges to whether the evidence proves a DUI can result in an acquittal, a dismissal, or a reduction to a misdemeanor. Causing injury while driving under the influence can be charged as a felony or as a misdemeanor.
It is typically charged as a felony and is usually penalized more severely than a felony DUI that is based on past convictions.
The crime will always be charged as a felony if the driver has two prior DUI convictions within the previous 10 years. Instead of proving that a driver was under the influence, a prosecutor can elect to charge and prove that the driver had a blood alcohol concentration of at least 0. In other cases, challenges are based on whether the accused driver was actually DUI and whether the police violated the law when they obtained evidence against the accused.
Defense strategies generally parallel those that apply to the defense of a DUI causing injury charge. The maximum penalties for the offenses are more severe than the penalties that apply to misdemeanor convictions.
A felony DUI causing injury carries a maximum 4 year sentence. The sentence can be even longer if.
Vehicular manslaughter while intoxicated can be penalized by up to 10 years in prison. Lesser penalties can also apply, depending on the degree of negligence exhibited by the driver. If a fourth or subsequent DUI results in a felony conviction, the court can impose a prison sentence that might be as long as 3 years.
A proven record of success and a reputation for excellence make The Law Offices of Randy Collins the first choice for drivers charged with serious DUI crimes. To make an appointment at an office near you, call Charged With DUI?