IS DUI A FELONY?

January 19, 2016

is DUI a felonyLos Angeles DUI attorney can answer the questions: “is DUI a felony”. Los Angeles DUI lawyer has years of experience defending DUI’s in Los Angeles county. Los Angele DUI lawyer’s experience ranges from first offense DUI offense to very serious felony DUI cases involving multiple prior DUI offenses or an injury to someone. If you are arrested for a felony DUI, do not despair; often, DUI lawyer Los Angeles can creatively develop a defense that will be very helpful in your case.

To answer the question, “…is DUI a felony”, Los Angeles DUI attorney need to know the facts of your case. A DUI can be a felony or a misdemeanor depending on the facts of your case and depending on your criminal record. If you are arrested for a DUI without an accident and you have no more then 2 prior DUI cases in the past ten years, your DUI should be a misdemeanor. A DUI becomes a felony when the driver arrested for a DUI has two or more prior DUI cases within the past ten years or when there is an accident and someone is hurt as a result of drunk driving accident. Some felony DUI’s are more serious then others. For example, if you are arrested for a DUI after a car accident and someone died as a result of that collision, the DUI can be filed as a murder charge. If there is no death involved, but someone is severely injured, the prosecution can file a very serious DUI charge with injury that will be considered a “strike” under the California three strike laws. Los Angeles DUI attorney is experienced in handling even the very serious of DUI cases and can help you defend your case even when your case seems indefensible.

Thus, to answer a question “is DUI a felony”, DUI attorney Los Angeles need to know how many priors do you have and if someone is injured or died because of a DUI related collision.

Yet, some DUI with injury cases will not be felonies. California Vehicle Code section 23153 is a statute that is used to prosecute DUI’s with injuries. Under this code section, jail time is mandatory. However, often, we are able to negotiate California Vehicle Code section 23153 to simple DUI, which does not require jail time if there are no priors alleged for the DUI.

The priors that can be alleged for a DUI only matter if they are within ten years of each other. The date of the conviction is not important. Only the date of the offense is used to calculate priorability of a DUI. Thus if you have four DUI convictions within ten years of each other, but the date of the offense is outside of the ten year period, the DUI will not be considered felony and we can answer the question “is DUI a felony” with a definite “no”.

Los Angeles DUI attorney will work tirelessly on your DUI case and will get the best possible results in your case. Our goal is to keep your driver’s license and your record clean. It is not easy to defend a felony DUI but Los Angeles DUI attorney will use all his effort to avoid a felony conviction. To talk to Los Angeles DUI lawyer about your case please call our officer (818) 921 7744 right now. We can schedule a free consultation with you at one of our offices in Down Town LA or in San Fernando Valley. Call to talk to one of best Los Angeles DUI lawyers now. We will provide quality defense at affordable price.

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