It can be either a result of your present…or your future.
A DUI can become a felony in two instances:
- If the San Diego DUI is the 4th Fourth DUI within 10 years. All California DUI conviction within 10 years of the felony DUI will be considered felony DUI.
- The present DUI involves an injury to another party.
These truly increase the exposure to a person of jail time and potential prison.
These charges will bring some changes to a DUI defense case. Lets begin with our counterpart.
In a felony DUI your case will usually be handled by a veteran prosecutor. More prosecution agencies have DUI grants, which means DUIs is the only type of cases they handle.
The judges are relectant to reduce felonies unless the defense makes is VERY clear the case should be reduced/dismissed. I have seen this in DUI injury crashes. To elevate a DUI from a misdemeanor to a felony there has to be “injuries”. What does that mean? A sore neck from a fender bender? A cut from glass shards? While this elevates the circumstances of a DUI is this what was meant in elevating a case to a felony? This is the point that defense usually has to advocate for their clients. The prosecutor will be steadfast and the judge is hesitant to reduce.
I was reading the article about the guy having his fourth Carlsbad DUI. It does happen because 10 years is a long time. Someone can have a DUI in 05, 07, 12, and then get a current DUI. In one of my cases, the driver had three DUIs in 6 months in 2006 (due to a divorce). He then picked up a DUI early this year.
A felony DUI comes with a minimum of 180 days in jail. They are cases that should be thoroughly examined. It is a case the client needs to be prepared to take to trial.
These convictions can result in a prison term. These charges are very serious and can result in losing your driving privilege for several years. Beating a felony DUI charge requires an aggressive and skilled lawyer who knows how to beat the charge and employs effective strategies to resolve your case favorably.
Being arrested for driving under the influence (DUI) is one of the most harrowing experiences a California motorist can face.In addition to facing an automatic license suspension, a drunk driving arrest can lead to a number of severe criminal penalties-including hefty fines and a possible jail sentence. And, if you are one of the thousands of individuals who have a prior drunk driving conviction on your record, the stakes are even higher. Under the state’s mandatory sentencing guidelines, a second DUI offense can carry much harsher punishment than a first offense.
California DUI law classifies any person who has been convicted of driving under the influence within a ten-year period as a repeat DUI offender. As a result, lawmakers grant little leniency to those who are found guilty of a subsequent charge-and many of the penalties you receive will be based on the nature of your prior arrest.
Like most states, California law prohibits anyone from operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. However, if you are under 21, you can be charged with DUI if your BAC is 0.01% or higher. Commercial vehicle operators are also subjected to an even lower BAC limit of just 0.04%. Any driver who is found to be in violation of these guidelines can therefore be arrested and charged with driving under the influence.
Along with enforcing the above BAC limits, California’s “Implied Consent Law” requires drivers to submit to chemical testing if they are ever suspected of driving while impaired. Designed to calculate BAC, chemical tests (breathalyzers, blood, and urine tests) are one of the most common tools law enforcement officers use to identify drunk drivers. In the event that you are pulled over on suspicion of driving under the influence, you are legally obligated to allow the officer to administer a test to determine your BAC. In fact, refusing to comply can lead to even more severe penalties than failing the test.
If you are charged with driving with an illegal BAC and have been convicted of a similar offense in the past, the punishment for a second conviction can include up to a one-year license suspension, possible jail sentence, and mandatory alcohol treatment. In addition, you will be forced to obtain SR22 insurance-a type of auto insurance policy reserved for high-risk drivers-for up to three years after your driving privileges are restored. In light of SR22 insurance costing two to three times more than your current policy, this penalty can easily become one of the most damaging.
If you are convicted of refusing a breathalyzer or other chemical test for a second time, you will face the same penalties listed above; however, whereas drivers who fail a chemical test are eligible for a restricted license after a specified period of time-allowing them to drive to and from work, school, and other court-approved activities-individuals who are convicted of violating the state’s implied consent law do not qualify for these limited privileges.
Here is the full article here.
A local man, James Reyes, 30 , was arrested on suspicion of driving while intoxicated, and while allegedly driving with a revoked license.
This is the fourth time in a row that Reyes has been pulled over on suspicion of a Carlsbad DUI.
Reyes was pulled over after allegedly following another vehicle too closely, when it was suspected that Reyes was possibly intoxicated.
According to the criminal complaint from the Carlsbad Police Department Reyes smelled heavily of alcohol, and was allegedly being difficult with the arresting officer after he was asked to step out of his vehicle.
Reyes interrupted the officer, while he was in the process of reading Reyes his Miranda Rights, the arrest affidavit said.
Reyes was then arrested after dispatch told the officer that Reyes was driving with a revoked license and that an interlock was required on the vehicle, which Reyes vehicle didn’t have.
During a number of sobriety tests, Reyes continued to interrupt and had difficulty throughout performing these tests, the affidavit said.
Reyes was asked to take a breath test, but allegedly refused multiple times.
A search warrants was then obtained to take a blood test on Reyes, which is still being examined by the Carlsbad Medical Center.
If you are charged with a San Diego DUI or other Criminal offense, you need to call our firm immediately. We are available to take action on your case today. Please email or call us at 858-751-4384 or email me at [email protected] to schedule a free consultation. The key is to be proactive.