It has been previously discussed how a California DUI charge can be classified as either a misdemeanor of a felony. Essentially, the latter carries heavier legal consequences than the former. Generally, a DUI violation in the state is only considered as a misdemeanor. It is with the presence of certain aggravating circumstances that convert the same into a felony DUI with enhanced sentences to boot. As a quick review, a misdemeanor DUI in the state may result to the filing of a felony charge instead if any of the following are present:
- The DUI violation lead to the injury or death of another.
- The offender already had at least one prior felony DUI conviction.
- The offender incurred three or more prior DUI or wet reckless convictions within a period of ten years.
Now what would be the difference in terms of the penalties imposed? While there are just a few circumstances that would aggravate the offense to a felony DUI, the severity of the penalties will still vary depending on such set of circumstances. Let’s take the case of someone who had been arrested for his fourth DUI offense. Four DUI arrests within a period of ten years is automatically classified as a felony DUI per pertinent legislation. The offender will be made to suffer one to three (1-3) years of state prison and to pay court fines in excess of $2500. Of course, this is not counting the other pecuniary liabilities you might incur in the form of payment for damages.
Apart from the usual jail terms and fines, the offender will also be made to undergo 18-month old alcohol school and four to ten (4-10) years of driver’s license suspension. There will also be a probation period ranging from three to five (3-5) years as well as rehabilitation programs that are mandatory in most cases. This is why you have to be literally quick on your toes to secure the legal services of the right DUI defense attorney the moment you are arrested in order to avoid the harsher penalties being imposed.
An experienced DUI defense attorney would be able to bargain for lesser sentences, particularly when it comes to the length of your jail term. Moreover, there’s also the question of properly saving your driving privileges unless you’re intent on losing them altogether. You can talk to our team of dedicated and highly professional DUI defense attorneys today and explore the possibilities of getting the most beneficial arrangements even out of a felony DUI charge. So don’t waste time and don’t face the battle alone!