Felony DUI

There are three circumstances in which the law allows the prosecution to file felony DUI charges. One situation in which felony DUI charges can be filed involves a DUI with injuries. The most common circumstance in which a felony DUI charge is brought is when the accused person suffered at least three prior misdemeanor DUI convictions within the last ten years. Lastly felony DUI charges can be brought if the accused person suffered even one prior felony DUI in the past ten years.

Felony DUI charges are often filed in cases where a third party was injured. The injury however must be serious enough to sustain felony charges. In borderline cases where the injury to another is not clear, a DUI attorney can subpoena the medical records of the person claiming an injury. Having handled many felony DUI cases, our attorneys have the experience and knowledge to discern whether the medical proof conforms to the charges brought by the DA. We have successfully negotiated felony charges to regular misdemeanor DUIs after reviewing the medical records and pointing it out to the DA.

If you have three or more misdemeanor DUI convictions in the last ten years, a new DUI accusation will likely be filed in the form of felony charges. When looking at DUI priors, it is the date of the violation that matters. For the purpose of the DUI - 10 year rule you have to look at all prior violations or arrests that ended up in convictions. If the prior conviction occurred within the last 10 years but the date of the prior arrest falls outside the ten years, the DUI may not be counted. This is important as the exact dates surrounding the prior arrest and conviction may make the difference between new misdemeanor or felony charges.

Lastly, if you have even one prior felony conviction for a DUI within the last ten years, the new DUI charges qualify to be felonies. In situations where the only reason the current charges are felonies is because the prior conviction was felony, it is imperative that your DUI lawyer subpoena or obtain certified copies of the prior conviction court file. Our qualified DUI lawyers are able to look at the record of prior conviction and determine if it is legally proper. If your DUI attorney is able to knock down the prior felony conviction, the current charges are typically reduced to misdemeanors.

Felony DUI charges are treated very seriously. A felony DUI without injury is punishable in state prison for up to three years. A DUI with injuries is also punishable by up to three years however if the accident caused great bodily injury to the person hurt, the court can add a three year great bodily injury (GBI) enhancement. Because of the negative perception of multiple DUI convictions, judges are not reluctant to send people convicted of felony DUI to prison for at least sixteen months.

If you have been arrested for a DUI after an accident, have a prior felony DUI conviction, or have multiple misdemeanor priors, call our law firm for a free consultation. Our experienced DUI attorneys can walk you through the legal process and fight to obtain the best possible results for you.