According to Vehicle Code 23152, it is illegal to operate a motor vehicle while your blood alcohol content (BAC) is 0.08% or higher if you are over the age of 21. Offenses that can be committed under the umbrella category of driving under the influence (DUI) are numerous, and it is crucial that you have skillful representation on your side that can help you fight the charges against you. While most drunk driving offenses are charged as misdemeanors in the state of California, there are various ways for drinking and driving charges to be escalated to felony status.
Three Ways for DUI to be Charged as a Felony
The defense attorney at our firm can explain in detail how your case may be prosecuted. In evaluating your case, our firm can determine the most appropriate course of legal action in light of any criminal history and specific details in your case. DUI offenses can be charged as felonies under three circumstances:
- Facing charges of drinking and driving while you have three or more convictions pursuant to VC §23550
- Facing drunk driving charges while you have at least one prior felony conviction of DUI
- Being arrested for a drunk driving incident in which you caused injury or death to another
If you are arrested for drunk driving, and you have three or more prior convictions of this offense within a 10-year period, then you will most likely be charged with a felony offense in this case. If you have a prior felony DUI conviction, then your current DUI circumstances will not matter because you will be charged with a felony, even if your current DUI would normally be charged as a simple misdemeanor.
Finally, if your drunk driving offense results in the injury or death of another person, then you will face felony DUI charges under VC §23153, felony charges of DUI vehicular manslaughter, or DUI second-degree murder, depending on the specifics of your case.
Get the Aggressive DUI Defense You Need
Have you been arrested and charged with the crime of DUI? It is vital that you take the necessary steps to pursue the results that you need for your future. At the Law Office of Nicolai Cocis, we genuinely care about our clients, and when you choose to work with us, we will stand by you and fight to see that you receive excellent, comprehensive defense.
Contact our office today to discuss your charges with a Temecula DUI defense lawyer and to begin the process of retaining the representation that you need!
Discover the Difference: See How We've Helped Others in Your Situation
- Probation and One Year in Custody Theft and 7 Felonies
- Probation & House Arrest Theft Crime
- Marijuana Charge Dismissed Trafficking 2000 lbs. (1 ton) of Marijuana and Child Endangerment
- 180 days of Caltrans work. Avoided prison. Transportation of 5 Pounds of Meth
- Case Dismissed Warrant Issued in Violation of the 4th Amendment
- Probation and Avoided Registration Young Adult Accused of Felony Sex Offenses