Several scenarios can cause a person to be charged with a felony DUI in Los Angeles County. One of the most common is when the person drinking alcohol and driving becomes involved in an accident, and someone in their car or another car sustains a “serious injury.”
Determining what constitutes a severe injury in a felony DUI case can be a complex matter. Even when examining the jury instructions on this issue, it's challenging to establish clear-cut rules. This complexity underscores the importance of legal expertise in navigating a felony DUI case.
Indeed, any broken bones will qualify a person for a severe injury DUI. Further, if there is any scarring to the injured person or permanent damage, the defendant would be eligible for the punishments associated with a felony DUI case.
While there are grey areas where prosecutors may attempt to categorize a specific injury as a felony, it's important to remember that these cases are not always straightforward. With the right legal representation, it's not only possible but often successful to challenge such attempts. Over my twenty-five years of defending clients in these circumstances, I've had significant success in preventing prosecutors from unfairly pushing for a felony DUI plea. For instance, a soft tissue injury from a car accident typically does not meet the criteria for a felony DUI.
Multiple DUI Offenses
Another area where you can be expected to be charged with a felony DUI is when you have three prior DUIs within a ten-year time frame and pick up a fourth DUI. The prosecutors will indeed charge you with a fourth-time DUI and will likely want prison time as well.
It will take a significant effort on the part of your DUI defense attorney to avoid prison for you and the ramifications that come with a felony DUI. Your attorney will work tirelessly to build a strong defense, negotiate with the prosecution, and guide you through the legal process. You are best served to get into consult with the best attorney you can find and begin the process of getting assistance for your drinking problem and moving your case in the right direction.
When I work on these cases, I understand that each client is unique, and the strategy will depend on where the client is in life and what the best course of action is moving forward. This individualized approach ensures that each client feels understood and cared for throughout the legal process.
The final area I see people charged with a felony DUI is when they have been convicted of a prior felony DUI and are then arrested again for a DUI. This gives the prosecutors another opportunity to charge you with a felony DUI, and they will likely attempt to put you in prison for as long as possible. It has been my experience that prosecutors and judges in Los Angeles show minimal sympathy or compassion for those who drink and drive and put other community members' lives in jeopardy.
Legal Penalties For a Felony DUI Conviction
As illustrated by the descriptions above, a felony DUI conviction in Los Angeles carries significant legal penalties, including prison time, substantial fines, and long-term personal and professional repercussions. Avoiding such severe punishment requires a substantial effort from your attorney.
When working with clients, I prioritize understanding the underlying issue in their DUI case. This approach allows us to devise a comprehensive plan that demonstrates to the prosecutor and judge our commitment to addressing the problem effectively and preventing its recurrence.
Sometimes, that means the client needs to spend some time in rehab to be taken off the streets to show the judge that you can remain sober and is indeed no longer a threat to society and get help for an alcohol problem.
Once we can show that you are no longer a threat, we are then in a position to resolve the case. When the judge and prosecutor feel that you are a threat to the community, they will try and take precautions to stop you from driving. They figure that since driving is a privilege and not a right, the person who drinks alcohol and drives is someone they need to protect the public from.
Another ramification of a felony DUI is having a felony on your criminal record. This means that you can not vote, hold public office, or own, use, or possess a gun or ammunition. However, under the right circumstances, there are ways to get felony DUI convictions reduced to a misdemeanor once you show the court that you are on the right path and will no longer drink and drive. Your attorney can guide you through this process and help you present a compelling case for reduction.
