Felony DUI Defense Attorney in Vista, CA

When is a DUI a Felony in California?

Most drunk driving cases in San Diego are misdemeanors, but there are four distinct circumstances when a DUI can be filed as a felony:

1. You have three or more prior DUIs on your record within the last ten years: Vehicle Code 23550 (VC)¹.
2. You previously received a felony DUI conviction within the past ten years: Vehicle Code 23550.5 (VC)².
3. While under the influence of drugs or alcohol, you violated a traffic law and caused an accident where another person was injured: Vehicle Code 23153 (VC)³.
4. While under the influence of drugs or alcohol, you violated a traffic law or drove negligently, and caused an accident resulting in someone’s death: Penal Code 191.5 (PC)⁴.

“Prosecutors in San Diego almost always file these cases as felonies, even if they can be filed as misdemeanors,” explains Liss. “However, an accident resulting in a very slight injury may occasionally be filed as a misdemeanor.” A skilled felony DUI attorney like Mr. Liss can sometimes negotiate a plea bargain to reduce the charges to misdemeanors.

Repeat DUIs and Felony Charges

In California, a fourth or subsequent DUI within ten years can be charged as either a felony or a misdemeanor, depending on the circumstances of the case. However, Peter Liss says prosecutors in San Diego always file these charges as felonies. Likewise, any DUI following a prior felony drunk driving conviction will automatically be filed as a felony.

For more information on how prior convictions may affect sentencing, please visit our page on DUI with priors.

DUI Causing Injury or Death as a Felony

“Even if this is your first DUI offense, you barely exceeded the speed limit, and the victim of the accident was barely injured, you can face felony charges in San Diego County,” warns Peter Liss.

Similarly, when a DUI results in a fatality, the driver can be charged with misdemeanor or felony vehicular manslaughter while intoxicated. If the driver demonstrated gross negligence, meaning their behavior presented a serious risk of injury or death, they may be charged with gross vehicular manslaughter while intoxicated. This serious offense is always a felony.

“San Diego District Attorneys always file DUIs resulting in death as felony gross vehicular manslaughter,” says Peter Liss.

Learn more about DUI car accidents resulting in injury or death.

Felony DUI Penalties and License Consequences in California

Each of these charges has its own unique penalties, with DUIs causing death carrying the lengthiest sentence. When someone was injured in an accident, the severity of their injuries will be taken into account for sentencing purposes. Penalties will also be based on other factors such as the driver’s criminal record and BAC level. When charged as a felony, the consequences for these offenses include:

Most drivers will also be required to install an ignition interlock device, go through 18 or 30 months of DUI school, and obtain SR-22 insurance. Additionally, drivers convicted of felonies will lose their right to possess a firearm.

In cases where a DUI resulted in great bodily injury or death, the charge is a violent felony, resulting in a strike under the state’s three-strikes law.

Defending Against a Felony DUI Charge

“These accusations are difficult to fight because they often involve an innocent person being harmed or a defendant who appears unable or unwilling to learn from past mistakes,” warns Liss. If you are facing felony DUI allegations, do not speak to the victim or police without your Vista criminal defense lawyer present. Here are some of the most common DUI defenses used in these cases:

Challenging the DUI

None of these charges apply if you were not drunk, though you could still face reckless driving or vehicular manslaughter charges if you are accused of DUI involving injury or death.

Fighting the Other Elements

If the prosecution cannot prove that a driver caused the crash, violated traffic laws, drove recklessly, or had applicable priors within the last ten years, they can only secure a standard DUI conviction.

Minimizing the Sentencing

Your attorney will always attempt to minimize the sentencing you may face, often by urging you to seek help for your alcohol use. “Judges in San Diego are more inclined to avoid imposing jail or prison terms if a DUI defendant gets serious alcohol treatment and wears an alcohol monitoring device for a significant period,” says Liss.

Negotiating a Plea Bargain

In some cases, your attorney may be able to reduce the charges or penalties you face to a misdemeanor. Do not attempt to negotiate a plea bargain yourself.

When to Contact a Vista Felony DUI Lawyer

You should call an attorney as soon as possible following your arrest. The sooner you call a lawyer, the sooner he can begin protecting your rights and fighting the charges against you.

If you are facing felony DUI charges anywhere in San Diego County, call (760) 643-4050 for a free consultation. 24/7 live answering available.