San Diego Felony DUI Attorney

What Is a Felony DUI in California?

Driving under the influence (DUI) is a serious offense, but it is not always a felony. A DUI is charged as a felony if the driver has prior DUI convictions on their record. A DUI can also be a felony if the driver causes an accident while intoxicated and someone is injured or killed as a result. Finally, a DUI can be charged as a felony if the driver has a prior felony DUI conviction on their record, even if no one was injured in the current case.

Being charged with a felony DUI is a scary experience, but you do not have to face it alone. With the help of a San Diego felony DUI lawyer, you can get through this difficult time and secure the best possible outcome for your case.

At the Law Office of John Klopfenstein, we know how to build successful defenses against DUI charges. We can put our experience to work for you and help you fight for your rights. Our firm provides personalized and responsive legal representation to all our clients. We will be with you from your initial arrest to the resolution of your case. Contact us today for a consultation with our San Diego felony DUI attorney.

Consequences of a Felony DUI Conviction in California

Being convicted of a felony DUI in California can result in serious consequences, including:

• Imprisonment: A felony DUI conviction can result in a prison sentence of up to 4 years. If someone was injured in the accident, the sentence can go up to 6 years. If someone was killed, the sentence can go up to 10 years.
• Fines: A felony DUI conviction can result in fines of up to $5,000. If someone was injured in the accident, the fines can go up to $10,000. If someone was killed, the fines can go up to $15,000.
• Probation: A felony DUI conviction can result in up to 5 years of probation. The judge can also order the driver to complete a 30-month alcohol education program.
• License Suspension: A felony DUI conviction can result in a driver's license suspension of up to 4 years. The driver may be eligible for a restricted license after 1 year.
• Ignition Interlock Device: The judge can also order the driver to install an ignition interlock device (IID) on their vehicle. An IID requires the driver to pass a breathalyzer test in order to start their vehicle.
• Restitution: If someone was injured or killed in the accident, the driver will be required to pay restitution to the victim or their family.
• Collateral Consequences: Being convicted of a felony can have serious collateral consequences. A felony conviction can make it difficult to find employment, housing, or educational opportunities. It can also make it difficult to obtain professional licenses or certifications.

How to Fight a Felony DUI Charge in California

Being charged with a felony DUI is a serious matter, but it does not mean that you are automatically guilty. There are many defenses that you can raise against a felony DUI charge. A San Diego felony DUI lawyer can review the evidence in your case and determine the best defense strategy to pursue.

Some of the most common defenses to a felony DUI charge include:

• Illegal Traffic Stop: In order to pull you over for a DUI, the police must have reasonable suspicion that you are driving under the influence. If the police did not have reasonable suspicion, any evidence obtained as a result of the traffic stop may be suppressed.
• Field Sobriety Tests: Field sobriety tests are not always accurate and can be affected by various factors, such as the weather, the condition of the road, and the driver's physical condition. A San Diego felony DUI lawyer can review the results of your field sobriety tests and determine if they were administered correctly.
• Blood or Breath Test: Chemical tests are not always accurate and can be affected by various factors, such as how the test was administered, how the test was stored, and how the test was analyzed. A San Diego felony DUI lawyer can review the results of your blood or breath test and determine if it was accurate.
• Rising Blood Alcohol: Alcohol takes time to be absorbed into the bloodstream. As a result, your blood alcohol concentration (BAC) may have been below the legal limit at the time you were driving but above the legal limit at the time you were tested.
• Medical Conditions: Some medical conditions can cause a person to appear intoxicated even if they have not consumed any alcohol. A San Diego felony DUI lawyer can review your medical records and determine if you have a medical condition that could have caused you to appear intoxicated.

If you are facing a felony DUI charge, contact the Law Office of John Klopfenstein as soon as possible. We can review the evidence in your case and determine the best defense strategy to pursue.

Our firm provides legal representation to clients in San Diego, Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, Santee, Poway, Imperial Beach, Lemon Grove, Coronado, Del Mar, and Solana Beach. Contact us today for a consultation with our San Diego felony DUI attorney.