Felony DUI

A Felony DUI in Orange County for alcohol or drugs often occurs when a driver who has ingested alcohol or drugs is pulled over by police, or involved in a traffic accident and the witnesses or police officer notices something that indicates the driver is intoxicated or high. The officer may smell alcohol or drugs, or he may see empty bottles or drug paraphernalia, or he may hear someone make an incriminating statement. The witnesses may have noticed the vehicle swerving or other suspicious circumstances.

Being charged with a Felony DUI in Orange County means that courts can and will sentence a guilty defendant to some PRISON time. It is important to call DUI Lawyers today so that we can get started on your case and try to keep you out of prison or jail.

A Felony DUI in Orange County is also subject to a DMV suspension of your driving privileges. You only have a short period of time, usually 10 days or less, to challenge a DMV license suspension. If you don’t challenge the DMV within 10 days then your license will be automatically suspended in 30 days. DUI Lawyers Orange County can fight the DMV so that you may be able to keep your license, or get a restricted license or ignition interlock device.

If your prior DUIs occurred more than 10 years ago, or if your prior DUIs occurred in another jurisdiction, DUI Lawyers Orange County may be able to get your Felony DUI case lowered to a 1st DUI before or at the preliminary hearing.

Basically, a Felony DUI for alcohol can be charged in one of two ways: by showing actual impairment by alcohol or drugs while driving or by the statutory Blood Alcohol Limits. Thus, Police can charge you because your breath or blood exceeded a .08 blood alcohol content, or because you were actually impaired while driving, despite having a blood alcohol content of less than .08.

For Felony Drug DUIs, there is no magic number set by law that allows police to arrest you. Police must show actual impairment by a drug. Essentially, a drug is any substance other than alcohol that can impair driving ability by affecting your nervous system, brain or muscles. (CVC § 312.) A Drug Felony DUI can result from the ingestion of any drug, including illegal drugs like heroin, cocaine, or meth, prescription drugs, and even over the counter drugs.

A DUI in Orange County is a felony crime only in certain circumstances.

Under Vehicle Code 23153, DUI Causing Injury is a DUI with additional circumstances, including that another person was injured and that the injury resulted from your negligent driving or violation of law (violation of law other than DUI, such as speeding). Under Penal Code 191.5, Vehicular Manslaughter is a DUI Causing Injury which results in death.

Also, if you have three or more prior DUIs in the past 10 years then your current DUI can be charged as a felony. Alternatively, if you have a prior felony DUI then your current DUI can be charged as a felony. (CVC 23550).

Punishments for a Felony DUI in Orange County vary depending in where you were arrested and which court your case is handled in. Generally, there are several possible outcomes of your case.

Initially, you could plead guilty and suffer the penalties below. However, if you plead not guilty then we can ask the prosecutor to lower the charge to a less serious traffic violation. If plea bargaining is unsuccessful, then DUI Lawyers Orange County can challenge the prosecution’s evidence at the preliminary hearing. Your case could be dismissed at the preliminary hearing if the judge finds that the police didn’t follow the law. After the preliminary hearing DUI Lawyers Orange County can talk to the prosecutor again to seek a lower charge now that their evidence has been challenged.

If your case is not dismissed, and we cannot successfully get the prosecutor to lower your charges, then we prepare for trial. DUI Lawyers Orange County consults with an expert witness who, if necessary, can testify that you were not impaired or that the tests are invalid. An expert could also examine the injured party to determine if the injuries are legitimate. If appropriate, an accident reconstruction expert could testify that the accident was not the result of your negligence or violation of law. After the trial, you could be found not guilty.

However, if you are found guilty, then the punishment will likely include a prison sentence, probation, fines, DUI school, restitution, and a lengthy driver’s license suspension.

The law regarding the punishment for a Felony DUI in Orange County is lengthy. However, don’t let a confusing law stand in the way of beating your DUI. Call DUI Lawyers Orange County today and we can go over the details of your case, and explain how this confusing law will affect you.

Depending on the facts of your case, Felony DUI can result in several years in prison, thousands of dollars in fines, restitution for harms caused, DUI school, and lifetime license suspension. There are additional penalties if you cause “great bodily injury” or harm more than one person. These additional penalties can quickly add up to years in prison. (CPC 12022.7, CVC 23558).

DUI Lawyers Orange County aggressively challenges breath, blood, and urine test results. The machines used to test your breath, blood, or urine are subject to many challenges as well, including that the machines were not calibrated or maintained properly. There are dozens of reasons that a Breathalyzer test can end with inaccurate results. Improper handling, storage, and testing methods often lead to junk evidence that is inadmissible in court.

Our DUI defense team can also take the police officer to court to make him or her testify as to their knowledge of DUI investigations, and their methods of evidence collection. Your case may be dismissed at this preliminary hearing if the Judge finds that the Officer did not follow the law while investigating your case.

Also, if the police officer did not stop you for the right reasons or had no reason at all, we can argue that the Officer had no probable cause or reasonable suspicion to stop you, and it may be possible that the Prosecution or Judge will dismiss the case.

Accident reconstruction experts may be able to testify that the accident was not your fault, and medical experts may be able to testify that the injuries are not genuine.

Depending on the circumstances of your case, an argument is that you were not actually driving the vehicle. It is possible that an Officer did not witness you driving, or that you were merely sitting in a parked vehicle. Depending on the circumstances of your case, DUI Lawyers Orange County may be able to convince the court that there is insufficient evidence to prove you were driving.

If your prior DUIs occurred more than 10 years ago, or if your prior DUIs occurred in another jurisdiction, DUI Lawyers Orange County may be able to get your Felony DUI case lowered to a 1st DUI before or at the preliminary hearing.

If you are in an accident and it is discovered that you have been drinking or taking drugs, and you are then charged with a DUI, there are plausible defenses to such a case, including the defense that you are not “actually impaired”.

For an individual to be guilty of driving while under the influence of drugs, it is not enough that the drug could impair an individual's driving ability or that the person is under the influence to some detectible degree. Rather, the drug must actually impair the individual's driving ability. Depending on the amount of the drug in your system at the time, we can make a case that you were not actually impaired.

Drugs affect people differently depending on their height, weight, body fat, and metabolism. Also, a person’s particular tolerance (a built up immunity to a drug’s effect by extended use) may mean that they will need more of a drug to feel the same effect as someone who does not regularly use the drug. DUI Lawyers Orange County can bring a qualified expert to testify in court about how these factors impact your case.

Police attempt to show actual impairment by blood or urine tests. However, blood and urine tests are subject to many challenges, including that the police did not follow storage and handling procedures they are required by law to follow. Also, additional blood tests by DUI Lawyers Orange County can show that you were not actually impaired, and thus not guilty. Our team of lawyers would ask for a blood split to determine when the last time the drug was used, and if so, the relative quantity of the drug. If we can show that the driver was not actually impaired by drugs, then a Felony DUI for drugs may not stick in Court./p>

Contact DUI Lawyers Orange County today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.