While DUI usually is a misdemeanor offense, it may be elevated to a felony under some circumstances. Whether you have three prior convictions within ten years and now are facing a fourth DUI offense, or your DUI directly led to bodily injury to others, you are likely to be facing felony DUI charges.
All repercussions of a DUI conviction can be severe, but a felony conviction can create a criminal record that may impact various aspects of your life. As a result, contacting a San Leandro felony DUI lawyer may be advantageous. Call today and set up a consultation with a seasoned DUI attorney.
For a first DUI, second DUI, and third DUI offense, the charge is a misdemeanor, but if individuals have three or more DUI or wet reckless convictions within ten years, the fourth DUI will be charged as a felony, as will any subsequent DUI charge.
If a DUI results in an accident that causes injury or death to another person, the DUI charge also is a felony rather than a misdemeanor. Although prosecutors have the discretion to charge the DUI as a misdemeanor in this situation, as a practical matter, this reduced charge rarely occurs when there is a significant injury to another party. For more information about felony DUI charges, consult with a knowledgeable lawyer.
Under California Vehicle Code § 23513, individuals can face a felony charge for driving under the influence causing injury. The DUI must be the proximate cause of the injury, and the individuals must also have driven negligently or otherwise committed another vehicle code violation other than DUI. Oftentimes a Gross Bodily Injury enhancement will be attached to the DUI charge if there is a serious injury inflicted. If death occurs under these circumstances, then the individuals could face charges of vehicular manslaughter while intoxicated or DUI second-degree murder.
Which criminal charge individuals will face in this situation depends on whether the DUI results in bodily injury or death, as well as their prior criminal history and the facts that led to the offense. A felony conviction, however, has implications that go beyond the punishment that a sentencing judge imposes.
One potential consequence of a felony DUI conviction is fines, which range from $390 to $1,000 for DUI offenses. However, the court assesses additional fees and court costs, which can increase significantly increase the total fees owed – this does not include the possible restitution owed to a victim of a crime who was injured or suffered property damage due to a DUI collision. Likewise, individuals convicted of a felony DUI offense must complete a lengthy alcohol rehabilitation and education course, which can also be costly.
A maximum three-year prison sentence is also a possibility in a felony DUI case. If a DUI offense is a felony because it resulted in injuries or death to others, individuals can face even longer prison sentences than three years. Individuals convicted of a felony DUI can lose their driver’s license for up to ten years and be designated as a habitual traffic offender.
A period of formal probation, which can last from three to five years, typically will follow any period of incarceration. While on formal probation, individuals must meet periodically with a probation officer and comply with other terms and conditions as set by the court. Given the potential severity of these consequences, retaining a felony DUI lawyer in San Leandro may be highly beneficial.
Given the gravity of felony DUI charges, individuals may wish to consult a San Leandro felony DUI lawyer as soon as possible following their DUI arrest. Having legal representation in place can increase your chances of a positive outcome in your case. Reach out to a lawyer today to ensure that your rights are protected during the criminal justice process.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!