Many San Diego county DUI cases involve collisions. The police at the scene are quick to charge someone felony DUI when it may not be the case. The person usually bails out with a substantial bail and a fast-approaching court date. The key is to get the ball rolling and be proactive. I want to focus on Felony DUIs, specifically those which involve injuries. Call our office now to be proactive at 858-751-4384.
A felony is generally considered to be a crime of high seriousness that has severe repercussions on others and society. When imprisonment is involved the sentence is usually one year or more.
If you or a loved one were stopped for a felony DUI, call former prosecutor Mark Deniz San Diego felony DUI lawyer immediately at 858-751-4384. The key is to be proactive. Our firm will be proactive and have the most effective defense for you and attempt to avoid a felony DUI conviction.
A Felony DUI is a Serious Issue.
The key for many San Diego county DUIs is to examine whether the injuries amount to a felony DUI. Many cases get reduced because upon examination the other people are not injured as much as the police officer thought when he drafted the report. The officer sees the people go off in an ambulance. The officer does not realize the other driver took a precautionary Xray and was released after a few hours at the hospital. This is one example of how a case needs to be examined. Call our office now to be proactive at 858-751-4384.
As it applies to Driving Under the Influence in San Diego (or California in general), prosecutors will seek a felony DUI conviction in cases where there are injuries in a case. Another factor is the number of time you have been stopped for Driving Under the Influence. It is key to contact the office to get started.
A felony San Diego DUI conviction that caused injury to others can lead the prosecutor to ask for up to three years in state prison, with another year added for every victim. Prosecutors usually will add an enhancement may apply that could increase time in prison by another three years. This is a special allegation that the police do not deal with. People will often find themselves walking into court finding they are facing more time than originally thought of because of these allegations.
A conviction for a felony DUI could also count as a strike under California’s three-strike laws. It is key you contact an attorney who can advocate for you to get you the best defense possible. Call now to get started 858-751-4384.
I would like to focus on DUI with injuries
What is Felony DUI in California?
Felony San Diego DUI is a serious offense in the state of California. A conviction may result in incarceration in state prison, a loss of civil liberties, and additional severe penalties. In San Diego, a person may be charged with felony DUI under the following circumstances:
- A person is injured
- You have three or more prior DUI convictions within the past 10 years
- You have a prior felony DUI conviction
Felony San Diego DUI Resulting in Injury
Felony DUI resulting in injury is governed by the California Vehicle Code (CVC) section 23153. To be found guilty, the prosecution must prove the following elements:
- That you drove a motor vehicle;
- While under the influence of alcohol or drugs;
- You committed an illegal act or neglected duty of law while driving under the influence; AND
- A person, other than yourself, was injured as a result of that illegal act or negligence
If you or a loved one were stopped for a felony DUI, call former prosecutor Mark Deniz San Diego felony DUI lawyer immediately at 858-751-4384. The key is to be proactive. Our firm will be proactive and have the most effective defense for you and attempt to avoid a felony DUI conviction.
Driving
In California, the prosecution must prove that you actually drove a vehicle at the time of being under the influence. Driving has been defined by our courts as actual movement of the vehicle, no matter how slightly.
This element is typically satisfied when the arresting officer actually observes the movement. However, it is permissible for the prosecution to use circumstantial evidence to establish that driving actually occurred.
Under the Influence
Remember, California defines “under the influence” two ways. When a person is arrested for DUI, they are charged with two counts of DUI. These are referred to as the “a” and “b” counts:
- It is unlawful to drive a vehicle while under the influence of any alcoholic beverage or controlled substance
- It is unlawful to drive a vehicle with a blood-alcohol concentration (BAC) of 0.08 percent or greater
When a person drives with a BAC of 0.08 percent or higher, they are considered to be per se under the influence. This means that the prosecution only needs to prove that the driver’s BAC exceeded the statutory limit to be found guilty of DUI.
“Under the influence,” however, requires a finding that (1) a person ingested alcohol or drugs, and (2) the alcohol or drugs affected the driver’s motor skills to a degree where they could not operate the vehicle with the same care and ability as a sober driver. This requires the prosecution to provide evidence of the driver’s impaired state at the time of driving. The prosecution will rely upon field sobriety tests and the officer’s observations of slurred speech, driving patterns, balance, odor of alcohol, and blood-shot/watery eyes.
If you or a loved one were stopped for a felony DUI, call former prosecutor Mark Deniz San Diego felony DUI lawyer immediately at 858-751-4384. The key is to be proactive. Our firm will be proactive and have the most effective defense for you and attempt to avoid a felony DUI conviction.
Illegal Act or Neglected Duty
The third element that must be proven is that, in addition to driving under the influence, the charged person committed an illegal or negligent act. This may include speeding, running a red light, failure to use a turn signal, illegal u-turn, etc. Alternatively, the prosecution may find that you were negligent in your manner of driving.
Injury
The prosecution must find that, as a result of the illegal or negligent act apart from driving under the influence, another person was injured. The injury can be very minor in nature in order for the prosecution to charge you with felony DUI.
Fourth Offense DUI
A person may also be charged with felony DUI if it is their fourth offense within the past 10 years. A fourth offense carries mandatory jail time, enhanced penalties, and fines. Typically, if all prior offenses occurred in California, the prosecution will submit an abstract to the court establishing that all priors occurred within the past 10 years. However, for repeat offenses, some or all may have occurred outside of California, where timelines may not be clear as to establish the 10-year rule.
Additionally, for out-of-state priors, other states define DUI differently than California. In some instances, the state requires fewer elements to establish a DUI conviction. They may also have different definitions of “driving” or “under the influence,” that conflict with California’s requirements. If you or a loved one were stopped for a felony DUI, call former prosecutor Mark Deniz San Diego felony DUI lawyer immediately at 858-751-4384. The key is to be proactive. Our firm will be proactive and have the most effective defense for you and attempt to avoid a felony DUI conviction.
Prior Felony DUI Conviction
If you have a prior felony DUI conviction within the last 10 years and receive a subsequent DUI charge, the prosecution will charge you with misdemeanor DUI under CVC 23152, but will then allege the existence of the prior felony DUI charge. As a result, the new DUI charge will carry felony status and you will face enhanced penalties.
Based on the severe nature of a felony DUI charge, it is very important to hire an attorney with the knowledge and experience to ensure that your case is handled properly. If you or a loved one were stopped for a felony DUI, call former prosecutor Mark Deniz San Diego felony DUI lawyer immediately at 858-751-4384. The key is to be proactive. Our firm will be proactive and have the most effective defense for you and attempt to avoid a felony DUI conviction.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384.
