Multiple DUI / Felony DUI Attorney Serving Rancho Cucamonga and La Verne
When a DUI Charge Becomes More Serious
Facing a second, third, or subsequent DUI charge can bring significantly greater consequences than a first offense. A DUI may also be prosecuted as a felony under certain circumstances, creating the possibility of substantial jail or prison time, extended loss of driving privileges, significant fines, and lasting consequences for your record and future. When the stakes are this high, understanding the charges and building a defense early can make an important difference.
At Lucero, PC, we represent individuals facing multiple DUI and felony DUI charges in La Verne, Pomona, Rancho Cucamonga, and throughout Southern California. Attorney Christopher Lucero understands that every DUI case has its own history and circumstances. We carefully evaluate what happened during the current arrest as well as how any prior DUI convictions may affect the new case.
Under California Vehicle Code Section 23152, it is unlawful to drive while under the influence of alcohol or drugs. For most adult drivers, California also prohibits driving with a blood alcohol concentration (BAC) of 0.08% or greater. Prior DUI and certain related convictions occurring within California's generally applicable 10-year lookback period can increase the potential consequences of a new offense.
A second or third DUI within that period is generally still prosecuted as a misdemeanor, but the penalties become progressively more serious. A fourth or subsequent DUI within 10 years may be charged as a felony under California Vehicle Code Section 23550. Additionally, a DUI can potentially result in felony charges when an impaired driver causes bodily injury or when other circumstances under California law support felony prosecution.
Christopher Lucero's background as a former Southern California Deputy District Attorney gives our firm insight into how prosecutors assess criminal cases. We use that experience to carefully examine the government's evidence, determine which allegations may be challenged, and develop a strategy focused on protecting our client's rights and future.
Call Lucero, PC at 213-668-7569 to schedule a consultation with a lawyer today.
Understanding Multiple DUI and Felony DUI Consequences
A prior DUI can dramatically change how a new case is handled. Prosecutors and courts may view repeat DUI allegations more seriously, and California law provides enhanced penalties based on the number and type of prior qualifying convictions.
A second DUI within 10 years can result in increased jail exposure, longer DUI education requirements, fines and assessments, probation, and restrictions on driving privileges. A third DUI within 10 years can carry even more significant consequences, including a longer mandatory minimum jail term and designation as a habitual traffic offender for a period of time.
Once a case reaches the level of a fourth or subsequent DUI within the applicable lookback period, felony prosecution may become possible. California Vehicle Code Section 23550 provides felony sentencing options for qualifying repeat DUI offenses.
A DUI involving an accident and bodily injury presents another serious concern. Under California Vehicle Code Section 23153, it is unlawful to drive under the influence and, while driving, commit an additional unlawful act or neglect a legal duty that causes bodily injury to another person. Depending on the circumstances and a person's prior record, DUI causing injury may be prosecuted as a misdemeanor or felony.
Felony DUI cases can involve consequences extending far beyond the immediate sentence. A felony conviction can affect employment opportunities, professional licensing, firearm rights, insurance costs, and other areas of a person's life. Cases involving serious injury or death can carry substantially greater exposure and require particularly careful attention.
There may also be a separate California DMV proceeding affecting your ability to drive. The DMV process and criminal prosecution are distinct, meaning action may be necessary in both matters. Certain DMV hearing deadlines can be extremely short after an arrest, making it important to seek legal guidance quickly. At Lucero, PC, we help clients understand these overlapping issues so they are not left trying to navigate a complicated criminal and administrative process alone.
A Strategic Defense for High-Stakes DUI Charges
A prior DUI conviction does not eliminate your right to challenge a new DUI charge. The prosecution must still establish the elements of the current offense, and the evidence surrounding the arrest should be carefully examined.
Our defense begins with the details. We may review body-camera footage, dash-camera footage, police reports, witness statements, field sobriety testing, breath or blood test results, laboratory records, and other available evidence. We also consider whether the initial traffic stop was lawful and whether law enforcement had sufficient grounds to make an arrest.
Chemical testing can be an important part of a multiple or felony DUI prosecution, but a test result should not simply be accepted without review. Depending on the case, questions may arise regarding breath-testing equipment, calibration and maintenance, blood collection and storage, laboratory procedures, contamination, timing, or the interpretation of results.
When prior convictions are being used to enhance a new charge, we can also examine whether those prior offenses legally qualify for the enhancement being alleged. Determining the dates, nature, and validity of prior convictions can be an important part of evaluating the prosecution's case.
For a DUI involving an accident or injury, additional issues may need to be investigated. The prosecution must establish more than the fact that an accident occurred. Questions involving causation, the actions of other drivers, witness accounts, accident reconstruction, and whether the alleged impairment actually contributed to the injury may become important.
Not every case needs to end in a trial. Depending on the evidence and circumstances, we may also pursue negotiations aimed at reducing charges, limiting penalties, or reaching another favorable resolution. If litigation is necessary, we are prepared to challenge the prosecution's case and advocate for our client in court.
At Lucero, PC, we recognize that someone facing a second, third, subsequent, or felony DUI may feel that the system has already decided the outcome because of their record. It has not. Every new charge must be evaluated based on its own facts and evidence.
If you are facing a multiple DUI or felony DUI charge in La Verne, Pomona, Rancho Cucamonga, or elsewhere in Southern California, contact Lucero, PC to speak with an attorney about your situation. We can review the allegations, explain the potential consequences, and develop a defense strategy focused on protecting your rights, driving privileges, and future.
Frequently Asked Questions About Multiple & Felony DUI Charges in California
When does a DUI become a felony in California?
A DUI may be prosecuted as a felony in several circumstances. This can include a fourth or subsequent qualifying DUI offense within 10 years, certain DUI cases involving bodily injury, or cases in which the driver has a prior felony DUI conviction. The specific charge depends on the facts and the person’s criminal history.
What happens if I get a second DUI in California?
A second DUI within California’s 10-year lookback period can result in increased penalties compared with a first offense. Potential consequences may include jail time, fines and assessments, DUI education programs, probation, and restrictions or suspension of driving privileges.
What are the consequences of a third DUI in California?
A third DUI within 10 years generally carries more severe penalties, including greater jail exposure, longer DUI education requirements, fines, probation, and significant consequences for your driving privileges. The circumstances of the arrest can also affect the potential penalties.
Is a fourth DUI automatically a felony in California?
A fourth DUI within 10 years may be charged as a felony under California Vehicle Code Section 23550. However, how a case is ultimately charged and resolved can depend on the defendant’s prior record, the evidence, and other circumstances.
Can a DUI involving an accident be charged as a felony?
Potentially. Under California Vehicle Code Section 23153, a DUI that results in bodily injury to another person may lead to felony charges in certain circumstances. These cases can involve complicated questions about impairment, causation, the accident itself, and the extent of the alleged injuries.
How does California’s 10-year DUI lookback period work?
California generally uses a 10-year period when determining whether certain prior DUI-related convictions can increase the penalties for a new DUI. The dates and nature of prior offenses should be carefully reviewed to determine whether they qualify for an enhancement.
Can I fight a DUI charge if I already have prior DUI convictions?
Yes. Prior convictions do not prove that you committed the current offense. The prosecution must still establish the elements of the new DUI charge. Issues involving the traffic stop, field sobriety tests, chemical testing, police procedures, and other evidence may provide grounds for a defense.
Can breath or blood test results be challenged in a repeat DUI case?
Depending on the circumstances, yes. We may examine how the sample was obtained, testing procedures, equipment maintenance and calibration, laboratory protocols, timing, storage, and other factors that could affect the reliability or interpretation of the results.
Will I lose my driver’s license after a multiple or felony DUI arrest?
A repeat or felony DUI can have serious consequences for your driving privileges. California DMV proceedings are separate from the criminal court case, and strict deadlines may apply. It is important to address potential DMV consequences promptly after an arrest.
Have Questions?
Call Lucero, PC at 213-668-7569 today. Chris Lucero is available during normal working hours but also maintains a 24/7 phone availability. If you need a consultation on a weekend or evening, he can provide that for you.