DUI FELONY PROSECUTION

July 1, 2011

DUI FELONYDUI felony is usually a more serious DUI case with a possible sentence that can even involve a state prison commitment.  A DUI felony usually means that a driver has more then 3 DUI cases within the past 10 years, that his previous DUI was a felony, or that the driver caused a serious injury accident. Any DUI case can cause serious consequences for most people because of its effect on jobs, abilities to drive and even a potential jail time.  Most DUI cases filed in Los Angeles county are misdemeanors, however, many DUI cases can also be prosecuted as felonies.

In California, by far, the most serious DUI is a DUI felony with injuries.

When the injuries are very severe, the District Attorney can file a special allegation, pursuant to Penal Code 12022.7, called “great bodily injury” allegations (“GBI”), which add an additional prison term of 3 years and make the DUI offense a “strike” offense under the three strike law in California.  Moreover, with the great bodily injury allegation, upon conviction, the DUI will be characterized as a “violent felony”, which is a special class of “strike offenses” that are only eligible for 15% credit for good behavior when the person is serving a state prison sentence.

Even without the special allegation, California statute for a DUI with injuries carries a significantly higher punishment then a regular DUI.  Specifically, the code section for a DUI felony with injury carries a punishment of up to four years in the state prison, whereas, a simply DUI felony carries a punishment of up to three years in the state prison.  In addition, a DUI felony conviction with injury can result in a driver’s license revocation for up to 5 years.

If you have a DUI felony on your record and it has been less then 10 years since that offense and you are arrested for another DUI, you will most likely be accused of another DUI felony even when your new offense is very minor DUI offense.  For instance, a person who has a first offense DUI felony conviction from 8 years ago will be charged with a DUI felony despite there being no accident and the blood alcohol level being very low on the new DUI case.  The legal authority for this charge comes from California Vehicle Code section 23550.5  which authorizes such DUI felony filings.

Los Angeles DUI attorney has great success reducing DUI charges from felonies to misdemeanors.  Los Angeles DUI attorney specialize in handing cases that are difficult and involve special circumstances, such as high blood alcohol level, accidents or DUI felony accusations.  Often, we can negotiate pleas that are very beneficial to our clients and involve no jail time even on very serious charges.  Please call our office (818) 921 7744 to talk to one of best DUI defense attorney in Los Angeles.  We are able to provide quality representation at affordable rate and we are waiting for your call right now.

 

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