Most drunk driving charges in San Diego and across California are filed as misdemeanors. There are, however, certain circumstances that may result in felony charges. If you are arrested for your 4th DUI and have three prior convictions within 10 years, you will likely face felony charges. In addition, Vehicle Code section 23153 (DUI with Injury) is a “wobbler” and can be charged as a felony at the prosecutor’s discretion.
A conviction for a felony DUI can result in you being sentenced to state prison. Felony charges are serious offenses that will require you to pay thousands of dollars in court fines and restitution, if applicable. You need an attorney who understands the weight of the penalties that you are facing. You want someone who will fight for your rights. Just because you were arrested for a felony DUI does not mean that you should plead guilty. You have a right to go to trial. You have a right to review the evidence in your case and cross-examine the arresting officer. You have the right to put on a defense. You need the DUI Defense Law Group to defend your rights and protect you from the severe penalties that you may be facing after an arrest for a Felony DUI in San Diego.
4th or subsequent DUI Conviction
A San Diego District Attorney will file felony charges against you if you are arrested for driving under the influence and you have three prior DUI convictions within the past 10 years. A conviction for a “wet reckless” (CVC 23103.5) is priorable and therefore will count as a prior conviction. Prior convictions within the ten-year period are based on arrest date or more accurately, violation date. If you are unsure about what prior convictions are considered, you need to consult a knowledgeable San Diego DUI Defense Lawyer to help you understand the charges and fight for your rights.
San Diego DUI with Injury
Violation of Vehicle Code Section 23153 or DUI with Injury is known as a “wobbler.” This means that the prosecutor can charge the offense as a misdemeanor or a felony. A prosecutor will bring felony charges for violation of CVC 23153 after considering the circumstances of your case and your prior criminal history. Great Bodily Injury (GBI) is considered a primary factor in determining whether the offense is charged as a misdemeanor or a felony. GBI is determined on a case-by-case situation but will include things such as broken bones, severe lacerations or internal bleeding.
No matter what the circumstances of your drunk driving offense, you need to contact the DUI Defense Law Group immediately after arrest. We will contact the DMV on your behalf and build a defense. Call now for a free consultation.