Some clients hiring a los angeles dui lawyer face felony dui charges, which are more serious that simple misdemeanor dui cases.
When are DUI’s treated as a felony?
A DUI typically is a misdemeanor, meaning it involves less than one year jail time and a fine (excluding penalty assessmments and court fees) of $1000 or less. Felonies can have many years in jail. For example, a felony DUI involving injuries to other people can have up to 4 years state prison time as a punishment. Furthermore, where great bodily injury is involved with the other driver, a DUI client is facing a “violent strike” which is part of the
“three strikes law” in California.
As you can see, the stakes get much higher when dealing with a felony dui.
What kinds of defenses are available for felony DUI cases?
For felony DUI cases, the same defenses that apply to misdemeanor DUI’s also appply. The most commonly successful DUI defenses include:
-Rising Blood Alcohol Level defense (a scientific argument)
-Lack of probable cause for arrest. (a legal argument)
-Issues with witness ID, no drive defenses.
-Arguments related to the severity of injury suffered by the victim. (Showing less injury to the victim can reduce the allegation of “Great Bodily Injury” to the victim.
Things a lawyer does differently for a felony DUI case
A DUI lawyer handling a felony DUI case takes them very seriously given the nature of the puishmennt and consequences the defendant faces. The same care and attention to a felony case is given to misdemeanor cases as well. In felony cases, a court hearing called a “Preliminary Hearing” is held where a mini-trial is conducted to determine whether the trial can proceed. The “Prelim” as its called in shorthand, is the first place a DUI lawyer can stop a felony DUI case in its tracks.