While a first time DUI offense is typically filed as a misdemeanor, when certain factors are present, the prosecutor may choose to charge you with felony DUI instead. These factors include:
- Fourth DUI within 10 years.
- DUI with a prior felony DUI conviction.
- DUI causing injury.
- DUI causing death.
- DUI with a child under 14 in the vehicle.
Penalties for Felony DUI in Sacramento
The penalties imposed for a felony DUI conviction are life changing. You may spend years in state prison, with fines as high as $5,000, and be required to attend a residential treatment program for up to 30 months. You may owe restitution to any injured parties, and if your license is ever reinstated in the future, you may be required to pay for the installation of an ignition interlock device (IID) in your vehicle for up to three years.
If a person died in an accident and it is alleged you caused the collision and were driving drunk, you may be charged with “vehicular manslaughter.” When filed as a felony, the penalties imposed can include up to four years in state prison.
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The prosecuting attorney must prove your guilt beyond a reasonable doubt. Various types of evidence will be presented to the court, including your DUI testing results, your criminal record, video or photographic evidence of the accident, eyewitness testimony, medical experts, and other evidence. Your DUI defense lawyer has the responsibility to challenge the evidence presented by the prosecutor. Defending your case will require an in-depth review of the evidence. You may have had your rights violated by law enforcement, or the breath testing device was not correctly calibrated or maintained as required.
The Right Lawyer Matters
In some cases, it is possible to have the charges reduced to a misdemeanor, dismissed altogether, or acquitted at trial. Your freedom is at stake if you are facing felony DUI charges. The first action to take is to retain a talented DUI defense lawyer who knows the criminal justice system and all the options that could benefit you.
At Scarfe Law Firm, we have over 10 years of success in DUI defense. We are honest, straightforward, and go the distance in defending the people we represent in Sacramento, Citrus Heights, Elk Grove, Roseville, and all of Placer County.
Call us today at (916) 252-1609 for a free 20-minute consultation.
- Effective & Honest Advocacy
- Aggressive, Strategic Defense
- Solution-Focused Representation