Defending Felony DUI Charge

Defending Felony DUI Charge


When a driver in California is arrested for driving under the influence of alcohol, the seriousness of the charge will depend on whether his or her offense is seen as a misdemeanor or something more serious.

Certain circumstances can elevate a misdemeanor DUI charge to a felony. The consequences of a conviction can have an adverse impact on any person’s personal and professional life, and a strong defense might be necessary.

The BAC limit in California is .08 percent, but if toxicology tests determine a driver’s BAC to be at an excessive level such as .16 or higher, he or she could face a felony charge. Also, if anybody suffers bodily harm as the result of an impaired driver’s negligence, a felony charge may follow — but only if the driver caused the injury. Prior DUI convictions can also count against an alleged drunk driver.

If a DUI offense occurs while a driver has a restricted, revoked or suspended license, the probability for the charge being elevated to a felony will be high. If authorities stop a vehicle with child passengers, and the driver is found to be impaired, he or she will likely face felony charges, which will include child endangerment. The age of vulnerable children varies from state to state.

Source: FindLaw, “Felony DUI“, Accessed on May 5. 2017


Any California driver whose DUI charge has been elevated to a felony charge will likely explore the defense options. The logical step might be to consult with an experienced DUI defense attorney who can examine the charges and the evidence and explain the potential consequences. However, it is possible to successfully defend such charges, and even if the lawyer cannot get the charges dropped, he or she will work toward the best possible outcome.

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