
Irvine Felony DUI Attorney
Facing Felony DUI Charges in Irvine, CA?
If you’re facing felony DUI charges in Irvine, the stakes couldn’t be higher. A felony DUI conviction can lead to significant prison time, permanent loss of your driving privileges, and a criminal record that may affect your job, housing, and future. At Braden & Tucci, we provide aggressive, experienced, and compassionate legal representation to those charged with serious DUI offenses. When your freedom is on the line, trust an Irvine felony DUI lawyer who knows how to fight back.
For a free, confidential consultation, contact us today at (949) 996-0170.
What is a Felony DUI?
In California, most DUI offenses are charged as misdemeanors. However, certain aggravating factors can elevate a DUI charge to a felony. A felony DUI is a much more serious offense than a misdemeanor and carries far harsher penalties.
You may be charged with a felony DUI in Irvine under the following circumstances:
- DUI Causing Injury or Death: If you drive under the influence and cause an accident that results in bodily injury or fatality, you can be charged with a felony under Vehicle Code Section 23153. This includes accidents involving pedestrians, bicyclists, or other drivers and passengers.
- Fourth DUI Within 10 Years: If you have three prior DUI or "wet reckless" convictions in the past ten years, a fourth offense will automatically be filed as a felony, even if no one was injured.
- Prior Felony DUI: If you were previously convicted of a felony DUI—whether for injury, death, or a fourth offense—any subsequent DUI can be charged as a felony, regardless of the current incident's severity.
- DUI with Aggravating Factors: In some cases, prosecutors may file a DUI as a felony due to additional crimes or circumstances, such as child endangerment, hit and run, or high-speed evasion while under the influence.
Our Irvine felony DUI attorney from Braden & Tucci can review the specific facts of your case to determine the best defense strategy.
Penalties for Felony DUI
A felony DUI conviction can result in life-changing consequences. The severity of the penalties depends on the circumstances of the offense and any prior convictions.
General Felony DUI Penalties:
- 16 months to 3 years in state prison
- Up to $5,000 in fines, plus court assessments
- Driver’s license suspension for 4 years or more
- DUI school for 18 to 30 months
- Habitual Traffic Offender (HTO) status
- Installation of an Ignition Interlock Device (IID)
- Formal probation or parole
- A permanent criminal record
DUI Causing Injury or Death:
If your DUI results in serious injury or death, you may face enhanced penalties, including:
- Up to 10 years in prison, or more if multiple victims were injured
- Possible vehicular manslaughter or second-degree murder (Watson Murder) charges
- Restitution to victims
The consequences of a felony DUI can follow you for life. At Braden & Tucci, our Irvine felony DUI lawyer will fight to reduce or dismiss charges, protect your rights, and keep you out of prison whenever possible.
Felony DUI FAQs
Can a felony DUI be reduced to a misdemeanor in California?
Yes, in some cases, a felony DUI can be reduced to a misdemeanor through a process called "wobbler" sentencing. This typically applies if no one was injured and you have no prior felony DUI convictions. A skilled DUI lawyer can petition the court for a reduction, especially during plea bargaining.
Will I lose my driver’s license?
Yes. A felony DUI conviction usually results in a multi-year license suspension. However, with legal assistance, you may be eligible for restricted driving privileges with an Ignition Interlock Device installed in your vehicle.
What is a Watson Advisement?
A Watson Advisement is a legal warning given to individuals convicted of a DUI that informs them that future DUI-related deaths could result in murder charges. If you’ve received a Watson Advisement in a prior case and later cause a fatal DUI crash, prosecutors may file second-degree murder charges.
What defenses can be used against a felony DUI charge?
Common defenses include:
- Challenging the chemical test results
- Lack of probable cause for the stop
- Violation of Miranda rights
- Medical conditions or improper police procedures
Each case is different. Your best chance of beating a felony DUI charge is to work with an experienced Irvine felony DUI lawyer.
How long does a felony DUI stay on my record?
A felony DUI conviction stays on your criminal record permanently unless it is expunged. However, some felony DUIs are not eligible for expungement. Your attorney can help determine if you're eligible after completing your sentence and probation.
Contact an Irvine Felony DUI Lawyer Today
If you or someone you love is facing felony DUI charges in Irvine, don’t wait. Every moment matters. Let us help you protect your freedom, your future, and your rights.
Call (949) 996-0170 or fill out our online contact form today for a free consultation with a trusted Irvine felony DUI attorney.

We help you move forward
-
“The outcome far exceeded the expectations that were initially set.”
- Isaac G. -
“Mr. Tucci is an aggressive bulldog attorney that you want representing you!”
- Bree R. -
“Thank you again, Mr. Tucci, through your efforts you have altered the course of my life. Truly the greatest to have ever done it.”
- Less F.
What sets us apart:
-
Zealous, Individualized Representation for Your Case
-
Proven Successes in Trial, in Court & with the DMV
-
Certified in Alcohol Screening & Field Sobriety Testing
-
Southern California’s Most Respected DUI Attorney
-
Former President of the CA DUI Lawyers Association
-
Southern California’s Most Aggressive and Successful DUI Attorney

Why Choose Our Team?
Our firm knows how devastating felony DUI charges can be. Our lead attorneys have extensive experience handling complex DUI cases in Orange County and know the strategies that work in local courts.
We provide:
- Personalized legal strategies
- Aggressive courtroom representation
- Thorough investigation and evidence review
- Skilled plea negotiations
- Trial readiness when necessary
We are committed to helping our clients secure the best possible outcome—whether that means getting charges reduced, dismissed, or winning an acquittal at trial.

Contact Us for a Consultation
We Know What You're Facing. We Know How To Win.