If you have been charged with a Felony DUI in Orange County for driving under the influence with a prior felony, 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 DUI charges. Felony 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 DUI conviction in 10 years can result in much more serious consequences than a 1st, 2nd, or 3rd DUI conviction.

Felony DUI Orange County VC 23550.5

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 DUI in Orange County is summarized below. Proving that the defendant is guilty of a Felony DUI is defined under Vehicle Code(VC) 23550.5:

• California Vehicle Code Section 23550.5 states that a person who is convicted of driving under the influence (DUI) with a prior Felony DUI conviction within 10 years, shall be punished by imprisonment in a county jail for not more than one year with a fine 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 DUI laws in Orange County can be confusing to a defendant charged with a crime. Attorneys at The Atias Law Firm know 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.

Reducing A Felony DUI Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with 1st, 2nd, or 3rd DUI, rather than a Felony DUI. These circumstances include that the prior Felony 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 DUI lawyers can get those enhancements dismissed.

Will I Go To Jail?

Possibilities & Penalties For Felony DUI Charge in Orange County

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

• • 16 months, 2 years, or 3 years in prison,
  • Between $390-$1,000 in fines, plus penalty assessment
  • Habitual Traffic Offender status for three years, and
  • A four-year revocation of your California driving privilege.

Also, our Felony DUI attorneys understand the financial strain a Felony 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 DUI Defenses

Our Felony DUI attorneys in Orange County know the defenses that may help get your Felony DUI charge dismissed. There are several defenses to a Felony 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 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 Our Felony DUI defense team 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 criminal defense attorneys will aggressively challenges 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.

How Can Felony DUI Charge 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 Felony DUI lawyers may be able to help you get your Felony 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 DUI case lowered to a 1st, 2nd, or 3rd DUI before or at the preliminary hearing.

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

Contact our Felony 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.