San Diego Felony DUI Lawyer
San Diego Felony DUI Attorney
One of the most terrifying experiences an individual can face is being pulled over in a traffic stop by the police after having drinks out with friends. In some instances, a San Diego drunk driving charge can evolve into a felony DUI, and the penalties you can face become increasingly severe. It is vital that you take swift legal action with the assistance of a San Diego felony DUI lawyer after being charged with a felony DUI. There is too much at stake for you to do anything else.
Since 2003, the team at Lee Law Group DUI & Criminal Attorneys has been fighting for individuals facing a wide range of DUI charges, including those of a felony nature. While it is true that any kind of DUI charge can come with serious consequences, a felony DUI typically includes much harsher punishments than a misdemeanor charge. For this reason, you need legal counsel and representation you can trust from an experienced San Diego criminal defense attorney who has spent years fighting these charges on behalf of others.
Defining Felony DUI Charges in San Diego
In California, it is illegal to operate a motorized vehicle under several conditions when it comes to your BAC, or your blood alcohol content level. If you are 21 years or older, it is illegal to drive with a BAC of 0.08% or higher. If you’re under the age of 21, it is illegal to drive with a BAC of 0.01% or higher. If you are driving a passenger-for-hire vehicle or a vehicle that requires a commercial driver’s license, your BAC cannot be above 0.04%.
If you are pulled over under suspicion of a DUI, you do not legally have to consent to take a preliminary alcohol screening, or a PAS, during a traffic stop. However, you are under an obligation to submit to a DUI after you have been arrested for these charges.
In order to arrest an individual legally for a DUI, the attending police officer from the San Diego Police or the County Sheriff’s Department must first establish probable cause to demonstrate that the individual is under the influence of drugs or alcohol. Probable cause can be established with various kinds of evidence, including:
- Witnessing an individual driving erratically or committing traffic or moving violations
- Witnessing a driver leave a bar or restaurant while swerving and stumbling to their vehicle
- Catching the scent of alcohol on the breath of the driver or the smell of drugs inside the vehicle of the driver
- Having a visual confirmation of alcohol containers that are open in the suspect’s vehicle, drugs, or paraphernalia involving drugs in the suspect’s vehicle
However, when do these situations become a felony? While the majority of DUI cases are charged as misdemeanors in California, there are certain cases where a felony charge may arise. These cases can include the following situations:
- DUI causing a fatality. If you operate your vehicle under the influence of drugs or alcohol in San Diego and cause the death of another individual, this can lead to life-altering charges, including a felony DUI charge. In 2020 alone, 1,266 deaths took place in California alcohol-related vehicle accidents.
- DUI causing injury. If you are driving under the influence of drugs or alcohol in San Diego and become involved in an accident where another individual is injured, the charge can be elevated to a felony offense.
- Prior felony DUI. If you have already been charged with a felony DUI in San Diego, any subsequent DUI can be charged as a felony.
- Fourth DUI charge in 10 years. If you have been convicted of a total of three previous DUI charges in the last decade, the fourth offense can be charged as a felony.
Building Your Felony DUI Defense Strategy with Lee Law Group DUI & Criminal Attorneys
For over two decades, the team at Lee Law Group DUI & Criminal Attorneys has been fighting for those facing a wide range of DUI charges, including those of a felony nature. We understand how frightening these charges can be and how a simple mistake can change the course of your life forever. In the United States in 2020, there were an average of 347,000 drunk driving episodes every day. Don’t become another one of these statistics. Instead, turn to our firm and let us fight for you.
Let us build your DUI defense by challenging the legality of the traffic stop, the chain of custody for evidence, any chemical tests that were performed and their results, and any field sobriety tests and their administration. Don’t let a felony DUI charge take you down. Turn to Lee Law Group DUI & Criminal Attorneys as soon as possible.
FAQs
Q: How Much Does a DUI Lawyer Cost in California?
A: While it can be challenging to offer an exact amount as to the fees and costs of hiring a DUI lawyer in California, it can be helpful to know the factors that might exist in a case that can impact the final cost analysis. These factors can include the complexity and duration of your case and the skill level of the attorney.
Q: How Can an Attorney Help Me with a Felony DUI Charge in San Diego?
A: When you bring on a defense attorney to help you fight your felony DUI charge in San Diego, your attorney can take several actions in your defense. These actions can include challenging the suspension of any driving privileges, questioning the evidence against you, cross-examining the arresting police officer, and representing you in court.
Q: What Are the Penalties for a Felony DUI in California?
A: There can be several penalties involved with a felony DUI in California, including substantial fines, jail time, and the suspension of your driver’s license upon conviction. You might also face mandatory drug and alcohol counseling or DUI school. Additionally, if an individual was killed due to drunk driving, the driver could face additional charges.
Q: How Long Do DUI Cases Take?
A: Offering an exact time frame in terms of how long a DUI case might take in California can be difficult. However, it can help to understand the variables that affect this timeline. These factors can include the availability of both the courts, the complexities of your case, and the cooperation of all parties involved.
Speak with an Experienced DUI Attorney in San Diego Today
If you or a loved one has been charged with a felony DUI in San Diego, Lee Law Group DUI & Criminal Attorneys is here to help. Contact our offices today to schedule your consultation and learn more about our legal services.
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