As we’ve discussed in a previous post, there are two ways in which you could receive a felony charge for a San Diego driving under the influence (DUI) offense:
- You were driving under the influence, which resulted in injuring another person.
- You received you fourth DUI in 10 years.
In the first scenario, California law requires that the prosecution prove four criteria are met in order for your DUI to be charged as a felony (rather than a misdemeanor). Here is an explanation of each of these criteria – and what they mean in practice:
1. You were driving.
The prosecution has to prove that you were driving a motor vehicle at the time of the accident. For this, the prosecution may use eye-witness accounts – i.e., the police officer saw you driving – or circumstantial evidence.
2. You were under the influence or had a blood-alcohol level at or over .08%
In order to prove that you were “under the influence,” the prosecution will need to demonstrate both of the following:
- You consumed alcohol or drugs.
- The consumption of these substances prevented you from safely operating the vehicle as well as a sober driver.
In order to prove this, the prosecution will need to provide evidence that you were impaired at the time of driving – not later on after you were taken to jail.
3. You did something illegal.
In addition to being impaired behind the wheel, the prosecution will need to show that you behaved in a way that was negligent or illegal. This is often a failure to obey traffic rules – such as making an illegal U-turn, running a red light, or failing to signal a turn.
4. Someone else was injured.
The prosecution will need to prove that the illegal or negligent act discussed above resulted in injury to someone other than yourself.
Because it is necessary for the prosecution to prove all four of these criteria in order to get you convicted of a felony DUI, it is especially important to have an experienced DUI defense attorney on your side. They can analyze the unique circumstances of your situation to find holes in the prosecution’s case. This can be a solid strategy for getting your charges reduced or even dropped. Have a former San Diego Prosecutor on your side. Be proactive and contact the Law Offices of Mark Deniz at (858) 751-4384.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged with 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.