Anaheim Felony DUI Lawyer

What is a Felony DUI?

In California, most DUI cases are charged as misdemeanors. However, under certain circumstances, prosecutors can elevate the charge to a felony. A felony DUI involves more serious aggravating factors, such as prior convictions or causing injury or death while driving under the influence.

Common Types of Felony DUI in California

While all felony DUIs share similar elements, the specific circumstances of your case determine the exact charges and penalties. Below are the most common types of felony DUI cases in California:

Fourth DUI Within 10 Years

If you’ve had three prior DUI convictions—whether for alcohol or drugs—your fourth DUI within ten years becomes a felony. This includes any combination of convictions for standard DUIs, “wet reckless” pleas, or out-of-state DUIs recognized under California law.

DUI Causing Injury

A DUI causing injury occurs when a driver under the influence causes bodily harm to another person. Even minor injuries can result in felony charges, depending on the circumstances and the district attorney’s discretion.

DUI Causing Death

This is the most serious form of felony DUI. If someone dies as a result of a DUI-related crash, prosecutors may charge you with vehicular manslaughter while intoxicated or even second-degree murder under the “Watson murder” rule if you had prior DUI convictions.

Felony DUI with Prior Felony

If you already have a felony DUI on your record, any new DUI—regardless of severity—will be charged as a felony under California law.

In any of these situations, the potential consequences are severe. However, with the help of an experienced Anaheim felony DUI lawyer, you may be able to reduce or even avoid felony-level penalties through strategic defense.

Penalties for Felony DUI

Felony DUI convictions in California come with harsh penalties designed to punish and deter impaired driving. The exact sentence depends on factors such as prior convictions, the severity of any injuries, and whether anyone was killed.

Fourth-Offense DUI Penalties

• State Prison: Up to 3 years
• Fines: Up to $10,000
• License Revocation: 4 years or permanent revocation
• DUI School: 18 to 30 months
• Probation: Up to 5 years

DUI Causing Injury

• State Prison: 16 months to 10 years (plus additional time for each injured victim)
• Fines: Up to $5,000
• Restitution: Mandatory payment to victims
• Driver’s License Suspension: 3 to 5 years

DUI Causing Death (Vehicular Manslaughter or Watson Murder)

• Vehicular Manslaughter While Intoxicated: 4 to 10 years in state prison
• Gross Vehicular Manslaughter: Up to 10 years or more
• Second-Degree Murder (Watson Murder): 15 years to life in prison

In addition to these penalties, a felony DUI conviction stays on your record permanently and can impact your employment, professional licensing, and ability to obtain housing. That’s why it’s critical to contact Braden & Tucci as soon as possible if you’re facing these charges.

Possible Defenses to Felony DUI Charges

Every DUI case is different, and there are numerous defense strategies that can be used to challenge a felony DUI charge. Common defenses include:

• Unlawful Stop: The arresting officer lacked probable cause to make the traffic stop.
• Faulty Breathalyzer or Blood Test: Testing equipment was improperly calibrated or administered.
• Improper Field Sobriety Tests: Officers did not follow proper procedures or testing standards.
• Rising BAC Defense: Your blood alcohol concentration increased between the time of driving and testing.
• No Proof of Impairment: The prosecution cannot prove you were impaired at the time of the incident.

Our Anaheim felony DUI lawyer at Braden & Tucci will carefully examine the evidence, identify weaknesses in the prosecution’s case, and pursue every possible avenue to have your charges reduced or dismissed.

Felony DUI FAQs

Can a Felony DUI be Reduced to a Misdemeanor?

In some cases, yes. If your attorney can demonstrate mitigating circumstances or challenge key evidence, prosecutors may agree to reduce the charge to a misdemeanor DUI or reckless driving (“wet reckless”).

Will I Lose My Driver’s License?

A felony DUI conviction almost always results in a lengthy suspension or revocation. However, you may be eligible for a restricted license after a certain period if you install an ignition interlock device (IID).

What If This is My First DUI but Someone Was Hurt?

Even a first-time DUI can be charged as a felony if someone was injured or killed. The severity of the injuries and the circumstances of the crash will determine the charge level.

Can I Go to Jail for a Felony DUI?

Yes. Felony DUIs carry mandatory jail or prison time. However, a skilled defense attorney may be able to negotiate alternatives such as probation, rehabilitation programs, or work release.