This is a crucial question because the consequences of a felony DUI charge are severe. It's not just about losing rights; it's about facing potential jail or prison time. When individuals are arrested for a DUI, the looming question is whether they'll be charged with a felony or a misdemeanor. Several circumstances can lead prosecutors in Los Angeles County to file a case as a felony, each carrying significant implications.

If you seriously hurt somebody or cause great bodily injury to the DUI, you can bet your bottom dollar they're going to file that case as a felony in LA County.

You will be reviewing custody time and a range of other issues related to your driver's license, criminal record, and personal life. You will be on the line if you're charged with a felony DUI because you seriously hurt another individual.

Fourth Arrest for DUI

Another way they can justify filing a case as a felony when it relates to a DUI is if it's your fourth DUI. That automatically gives the prosecutors the right to file a claim as a felony DUI, and again, you will be subject to prison time. Most felony DUIs that I see getting pointed out that are fourth-time DUIs are typically looking at a minimum of 16 months in prison.

They could even receive more time, depending on the injuries sustained by the other party. There's a three-year enhancement if you cause significant bodily harm. That makes the case a strike.

You won't be able to vote. You won't be able to own, use, or possess a gun or bullets, and again, you'd be looking at a significant amount of time in custody and losing your driver's license.

Prior Felony DUI Conviction

I've seen them file a case as a felony if you have a prior conviction for a felony DUI. If you pick up any new DUI, even if it might have usually been a misdemeanor circumstance, they can file that case as a felony because you have that prior felony conviction in Los Angeles County or elsewhere related to a DUI matter.

One of the most significant factors, though, is injury. If there's a bad injury, you can bet your bottom dollar that prosecutors will file the case as a felony in Los Angeles County.

This is not an entirely clear area of the law regarding injuries. In other words, sometimes people claim they have a soft tissue issue when, in reality, they don't have a severe injury; in such circumstances, we can often file the case as a misdemeanor.

Misdemeanor vs. Felony DUI

There is a significant difference between filing a case as a misdemeanor versus a felony. You're not looking at as much time in jail or prison. You're not considering the numerous ramifications of the felony conviction.

Nobody wants a felony conviction. It will affect your rights. It will affect your freedom. It will affect your job. It will impact your future and a wide range of other aspects. However, once the case is resolved, there is a potential for a better future, which should keep you optimistic and motivated.

One of the biggest things that I battle in these DUI cases is trying to get it down to a misdemeanor if my client is suitable for a DUI but really shouldn't be charged with a felony. All of these cases, whether you're deciding whether a claim is a felony or misdemeanor, kind of center around several different factors. They're all going to center around the facts and circumstances of your particular case. The potential for reduction from felony to misdemeanor can bring a sense of relief and hope.

That's why it's so crucial to hire someone like me, a seasoned legal advisor with 25 years of experience in handling DUI cases. I know how to deal with these DUI cases, understand what factors will influence a judge and prosecutor, and can identify mitigating circumstances to avoid a felony conviction for DUI or at least set things up for a potential reduction to a misdemeanor. This way, you won't have this felony haunting you for the rest of your life.

So, if you're facing the possibility of a felony DUI charge or even a misdemeanor DUI, and you're worried about the outcome in court, don't hesitate. Call me now. We'll start addressing your DUI case immediately, aiming for the best possible result. Remember, seeking legal help is crucial and can provide you with the reassurance and support you need during this challenging time.