FELONY DUI

Most people who are arrested for driving under the influence are charged with misdemeanor offenses. However, under certain circumstances a person who drives a vehicle after drinking alcohol can be charged with a felony offense. When a person is charged with felony driving under the influence (DUI/DWI) it is critical that they contact an experience criminal dui attorney.

If a person is driving in violation of Vehicle Code sections 23152(a) or Vehicle Code section 23152(b) and a person is injured then they can be charged with violating Vehicle Code section 23153(a) and/or Vehicle Code section 23153(b). The elements of each of these offenses correspond to their misdemeanor equivalents with the additional element that the impaired driving was the proximate cause of someone being injured. In addition, to driving under the influence the person must concurrently do a forbidden (unlawful) or negligent act which is the proximate cause of the injury.

In addition to a misdemeanor driving under the influence charge becoming a felony based on the proximate cause of an injury, an otherwise misdemeanor DUI/DWI can become a felony if the person charged has had three or more prior misdemeanor convictions within ten years within the meaning of Vehicle Code section 23550(a).

If a person is charged with a felony driving under the influence charge it is very important that they obtain a competent San Diego Criminal DUI Attorney.
The first thing a Criminal DUI Attorney must review are the applicable misdemeanor defenses because the criminal DUI attorney can use the same defenses to undermine the corresponding elements in the felony charges .
The next step is to attack the factors that make the otherwise misdemeanor driving under the influence charge a felony. First, if the driving under the influence is a felony do to the proximate causing of an injury. Then the criminal DUI attorney must determine if there is an alternate proximate cause for the injury, of if in fact the charged person committed a forbidden or negligent act that caused an injury.
Now if the driving under the influence charge is a felony due to prior convictions. The criminal DUI attorney must attack the validity of the prior convictions. If the criminal DUI attorney is able to have the prior conviction dismissed the felony conviction will be reduced to a misdemeanor as a matter of law.

Furthermore if the level of injury is insignificant the criminal DUI attorney may be able to have the felony conviction reduced to a misdemeanor pursuant to Penal Code section 17(b). This type of reduction can also be available to a felony DUI based on priors under certain circumstances.