If you have been charged with a Felony 4th DUI in Orange County for driving under the influence with three prior convictions within 10 years, you should contact the Atias Law Firm. Our law firm works with a team of professionals on the matter and knows how to handle these particular kinds of felony 4th DUI charges. Being convicted of a 4th DUI in Orange County results in serious punishment. There are 3 ways you can get charged with Felony DUI in Orange County:

1. 4th DUI If you have three prior DUI convictions in the last 10 years, then any DUI acquired subsequently will result in a Felony DUI charge.
2. Prior Felony If you commit any DUI, even a "simple" misdemeanor DUI with no aggravated circumstances and you have at least one prior felony DUI, you will be charged with a felony.
3. DUI With Collision If you commit a DUI where a person other than yourself suffered an injury or death, you can be charged with Felony DUI.

Because DUI’s are priorable offenses, a Felony 4th DUI conviction in 10 years can result in much more serious consequences than a 1st, 2nd, or 3rd DUI conviction.

Felony 4th DUI Orange County VC 23550

First, let the top felony DUI Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to a Felony 4th DUI in Orange County is summarized below. Proving that the defendant is guilty of a Felony 4th DUI is defined under Vehicle Code(VC) 23550.

• California Vehicle Code Section 23550 states that a person who is convicted of driving under the influence (DUI) within 10 years of three or more separate driving DUI charges resulting in convictions, that person shall be punished by imprisonment in a county jail for not less than 180 days nor more than one year with a fine of between $390 and $1,000.
• Additionally, a person convicted of a fourth offense DUI will be designated as a habitual traffic offender for a period of three years subsequent to the fourth DUI conviction.

The Felony 4th DUI laws in Orange County can be confusing to a defendant charged with a crime. the Atias Law Firm knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense.

Will I Go To Jail?

Possibilities And Penalties For Felony 4th DUI in Orange County

The consequences of a Felony 4th California DUI conviction within ten years include:

• 16 months, 2 or 4 years in state prison
• Fine between $1,015 and $5000
• Habitual Traffic Offender status for 3 years
• Loss of driver’s license for 4 years to 10 years
• Participation in an 18-month DUI program
• In-patient or out-patient alcohol rehabilitation program
• Possible MADD Victim Impact Panel

Also, our attorneys understand the financial strain a Felony 4th DUI conviction may impose with $2,000+ in fines and fees, and can get you community service lieu of the fees. Community service will save you at least $1,500 in fees and may alleviate the financial burden of such conviction.

Felony 4th DUI Defenses

Our Felony 4th DUI lawyers in Orange County know the defenses that may help get your Felony 4th DUI charge dismissed. There are several defenses to a Felony 4th DUI in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, depending on the circumstances of your case we can employ several potential defenses in a Felony fourth-time DUI to potentially reduce charges or get a case dismissed:

1. Probable Cause in a DUI Stop-  In order to arrest someone for a DUI an officer must have a reasonable belief that a crime is being committed.  If the officer cannot establish to the court, probable cause for the arrest than we may be able to suppress any evidence through a suppression hearing.
2. Misconduct at a sobriety checkpoint – If the officer administering the field sobriety tests at a dui checkpoint did not follow the correct procedures the evidence can be challenged.  For example, many officers do not consider medical conditions, structure of pavement etc. when administering the field sobriety tests.
3. Rising Blood Alcohol Defense – If someone was pulled over for a DUI and their body was still in the process of absorbing alcohol than the BAC reading on a breathalyzer test can be inaccurate.

One common defense is attorneys can take the police officer to court to make him or her testify as to their knowledge of DUI investigations, and their methods of evidence collection. Your case may be dismissed at this preliminary hearing if the Judge finds that the Officer did not follow the law while investigating your case. Our attorneys can aggressively challenge breath, blood, and urine test results. The machines used to test your breath, blood, or urine are subject to many challenges as well, including that the machines were not calibrated or maintained properly. There are dozens of reasons that a Breathalyzer test can end with inaccurate results. Improper handling, storage, and testing methods often lead to junk evidence that is inadmissible in court.

Reducing a Felony 4th DUI To A Lower Level Criminal Charge

Circumstances may allow the Prosecutor to charge you with 1st, 2nd, or 3rd DUI, rather than a Felony 4th DUI. These circumstances include that the prior DUI convictions occurred longer than 10 years ago. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced. Also, if there are any allegations of high Blood Alcohol Content(BAC), our Felony 4th DUI lawyers can get those enhancements dismissed.

How Can Felony 4th DUI Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. Our lawyers may be able to help you get your Felony 4th DUI charge reduced or dismissed. Depending on the circumstances of your case, an argument is that you were not actually driving the vehicle. It is possible that an officer did not witness you driving, or that you were merely sitting in a parked vehicle. Depending on the circumstances of your case, DUI Lawyers Orange County may be able to convince the court that there is insufficient evidence to prove you were driving. If your prior DUI occurred more than 10 years ago, or if your prior DUI occurred in another jurisdiction, DUI Lawyers Orange County may be able to get your Felony 4th DUI case lowered to a 1st, 2nd, or 3rd DUI before or at the preliminary hearing,

What Should I do about a Felony 4th DUI in Orange County?

Contact our Felony 4th DUI lawyers today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.