When you are charged with a felony for driving under the influence of alcohol or drugs (DUI) in California, you must do what you can to fight the charges. Law enforcement considers certain circumstances when deciding whether the charge is a felony or misdemeanor DUI. In most cases, you do not have to have a blood alcohol concentration (BAC) of 0.08 percent because the prosecutor can provide additional evidence of impairment to charge you with a felony.

Although driving drunk is inherently a bad idea, the arbitrary BAC number affects people differently, and some heavier people who have recently eaten and have a higher tolerance for alcohol might be able to drive safely. When you are involved in a car accident, and your BAC is high, you may be charged, even if you are not at fault. Although this is a scary possibility, a drunk driving defense attorney could help. Call a Folsom felony DUI lawyer today and let them fight to protect your rights.

When Does a DUI Become a Felony?

A misdemeanor DUI is usually charged as a first offense with no injuries. DUI is charged as a felony under the California Vehicle Code Section 23153 when:

  • The driver impaired by alcohol or drugs causes the death of another
  • The driver under the influence of alcohol or drugs causes serious injury to another
  • Over the past ten years, the driver has three or more convictions for wet reckless driving or DUI offenses, with wet reckless representing a negotiated plea down from a DUI when the driver agrees to plead no contest to reckless driving
  • The driver has been convicted of felony DUI in the past

An experienced attorney in Folsom could investigate your DUI case, build a valid defense, and determine if your charges might be negotiated down to a misdemeanor.

What Are Penalties for a Felony DUI?

Penalties for a felony DUI charge are harsh. A conviction for felony DUI causing bodily harm or death is punishable by between 16 months and 16 years in prison, a fine of $5,000, and restitution determined by the courts. The conviction can also result in a driver’s license suspension for up to five years or DUI school for up to 30 months.

Those convicted of felony DUI with prior convictions for driving under the influence could face between 16 months and three years in state prison, a $1,000 fine, up to 30 months suspension of a driver’s license, and DUI school for up to 30 months.

Consequences From a Criminal Record

Along with fines, imprisonment, and the loss of a driver’s license, an alleged offender may face social consequences, making it difficult to live a normal life. Jobs in teaching, healthcare, and government service may be unattainable. Renting and buying a home will be problematic, as will child custody. Gun ownership is forbidden. Our knowledgeable lawyers in Folsom have decades of experience fighting for a fair resolution to DUI charges and could help you get the best possible case outcome for your circumstances.

Defenses to Felony DUI

An arrest is not a conviction. You have the right to a defense explaining, excusing, or justifying your behavior. The prosecutor must prove beyond a reasonable doubt that you committed DUI, and our Folsom attorneys are skilled in refuting the evidence the prosecution offers.

We can explore defenses, one of which is that you were not under the influence when arrested, no serious injuries resulted from your behavior, your criminal record is clean, the police botched the field sobriety tests, the breathalyzer test is inaccurate, the arrest is a case of mistaken identity, and the chain of custody after field sobriety tests was broken.

A Felony DUI Attorney in Folsom Believes in Second Chances

You are human, and like all of us, you make mistakes. We recognize that there are many reasons why someone might be accused of DUI. One infraction should not define who you are. Criminal DUI charges are serious, and we are available to discuss your situation. We know your future is on the line.

When you are accused of felony DUI, we can intercede and fight to minimize the consequences thrown at you. Our Folsom DUI lawyers are dedicated to fighting for a reduction or dismissal of the charges our clients face. You deserve a passionate and tenacious defense, and we can provide it. Call now.