Is DUI a Felony in San Diego, CA?

Facing a DUI charge is frightening enough, but when that charge escalates from a misdemeanor to a felony, the penalties often involved can feel daunting. For first-time DUI offenders, they typically only face misdemeanor charges, which can still come with hefty punishments, but when is a DUI a felony in San Diego, CA? The attorneys at Lee Law Group DUI & Criminal Attorneys are here to answer that question and offer the necessary legal assistance you require when facing these kinds of charges.

At Lee Law Group DUI & Criminal Attorneys, we have over twenty years of experience representing our clients accused of criminal charges, including those for felony DUIs. We understand how terrifying and overwhelming life feels at this moment and are ready to do everything in our power to review your case and offer you a solid defense strategy that can lead to the most favorable outcome for your situation. We have experience working with the judges and prosecutors at the Central Courthouse in San Diego.

When Can a DUI Be Charged as a Felony in San Diego?

In California, it is illegal for anyone to operate a motorized vehicle with a BAC, or blood alcohol content level of 0.08% or higher. However, this threshold is even lower for individuals who are under the legal drinking age of 21 and for drivers of passenger vehicles for hire and commercial vehicles. In many situations, this violation of the law can result in a misdemeanor charge, especially under circumstances where this is the first DUI charge suffered by the alleged offender.

However, there are circumstances that can necessitate this misdemeanor being raised to a felony offense. These can include the following:

• The driver was under the influence of drugs or alcohol, leading to an accident that caused the death or injury of another person. If a death does occur, the alleged offender might also find themselves facing charges for vehicular manslaughter.
• The driver of the vehicle has received a previous felony DUI conviction on their record. Under this situation, the offender may be charged with a felony, no matter the circumstances of the latest offense. This can pertain even if the last felony took place several years previously.
• Within the last 10 years, the alleged offender has received three previous DUI convictions, even if these convictions are charged as misdemeanors.
• You can also face felony DUI charges if there is a child under the age of 14 inside the vehicle at the time of the incident.

If you have been charged with a felony DUI in San Diego, the stakes have never been higher. You need an attorney who understands this and is ready to fight. In the United States, someone is killed by a drunk driver every 79 seconds. Don’t just become another statistic; let us fight for your optimal outcome.

Legal Implications of a Felony DUI Charge

Having a felony charge permanently on your record doesn’t just affect your life in legal situations. While yes, you can face lengthy prison sentences, incredibly high fines, probation, the suspension of your driver’s license, and even the installation of an ignition interlock device, the impacts of a felony DUI charge go beyond those consequences handed down in a court conviction. If you are convicted of a felony DUI offense in San Diego, you could also face the following personal consequences:

• Difficulty when it comes to finding employment or housing due to background checks
• Difficulty maintaining employment if you are required to drive while performing work tasks
• Facing the social stigma that often accompanies a felony charge
• The dissolution of friendships and other relationships
• The loss of certain civil rights, such as the right to vote or the right to own and carry a firearm

Some of these consequences can be life-altering and turn your entire world upside down. For these reasons, do not walk into a trial scenario unprepared. Instead, turn to the team at Lee Law Group DUI & Criminal Attorneys today to help you build a solid defense strategy.

FAQs

Q: How Can an Attorney Be Helpful for a Felony DUI in San Diego?

A: Not only can your attorney work to defend you and collect evidence to support a defense against a felony DUI charge in San Diego, but they can also be helpful in other ways. Having an attorney can reduce stress and save you time and money by understanding and avoiding typical setbacks. They can assist in seeking a potential reduction in your sentencing or even pursue having your charges dropped altogether.

Q: What Are Some Defense Strategies for a Felony DUI?

A: There are several defense strategies that can be implemented for a felony DUI charge, depending on the exact circumstances of your traffic stop and subsequent arrest. These defense strategies can challenge the results of a field sobriety or chemical BAC test, pointing out any violation of your constitutional rights during the traffic stop or arrest, and noting any lack of evidence.

Q: What Are the Costs and Fees Associated with a DUI Lawyer?

A: Because every attorney and case is different, it can be difficult to estimate an exact number when it comes to the costs and fees associated with hiring a DUI lawyer. However, there are some factors that can play into these fees and costs, including the duration and complexity of your case and the skill level of your attorney.

Q: How Long Does a DUI Take to Process in California?​

A: While it can prove a challenge to offer an exact timeline as to how long it might take to process a DUI charge in California, it can be helpful to be aware of the factors that can play into these time frames. These factors can include the complexity of the case, the availability of the evidence, and the cooperation of all parties involved.

Speak to a San Diego Felony DUI Lawyer Today

If you or someone you love has been charged with a felony DUI offense in San Diego, there is no time to lose in securing necessary defense and legal counsel. Contact the offices of Lee Law Group DUI & Criminal Attorneys today to learn more about our services and to schedule a consultation with our team.

About The Author

Ernest Lee

Attorney Ernest Lee, Esq., is the founder of Lee Law Group DUI & Criminal Attorneys in San Diego, California, specializing in personal injury, criminal defense, and consumer protection. He earned his Juris Doctor from the University of Missouri at Kansas City School of Law in 1999 and has been licensed to practice law in California since December 2001. Attorney Lee has been recognized as a Super Lawyer" by Super Lawyers magazine annually since 2021, an honor awarded to the top 5% of attorneys in San Diego County.Education: Juris Doctor from the University of Missouri at Kansas City School of Law, 1999. Professional Associations: Member of the State Bar of California since December 2001. Experience: Founder of Lee Law Group DUI & Criminal Attorneys, focusing on personal injury, criminal defense, and consumer protection; recognized as a "Super Lawyer" since 2021.

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