What Are The Ways In Which A DUI Can Become A Felony DUI In San Mateo County?
A DUI charge can become a felony if you have three or more prior DUI convictions within 10 years, or if you caused an accident which resulted in injury to another person. In addition, if you are arrested for a DUI within 10 years of being convicted of a felony DUI, then your new DUI can be charged as a felony.
What Happens When There Is A Drunk Driving Accident In San Mateo County?
The involvement of an accident in a DUI case can change the course of the police investigation. Typically, a warrant is required for a blood draw unless there is a legal exigency (or exception to the warrant requirement). If the DUI suspect needs to have their injuries tended to by a medical professional and that prevents them from providing a breath sample, then that may very well be regarded as a legal exigency. If police officers have probable cause to arrest you, then by law they are supposed to advise you of the consequences associated with refusing a breath or blood test. Specifically, that refusal to take a chemical test will result in the loss of your driver’s license for at least one year.
If you are charged with a DUI causing an accident property damage or bodily injury, you are going to be facing more potential legal sanctions and restitution issues.
How Does A Fourth-Time DUI Felony Offense Work In San Mateo County?
For a fourth-time DUI offense that is, you have three prior DUI arrests within 10 years of the current arrest, you in all likelihood be charged as a felony. A felony means you can be sentenced to state prison. Your defense attorney will have to ensure that the prior three convictions are constitutionally valid and if not, seek to strike them.
What Is The Look Back In California For DUI Cases?
The prior able period in California for DUI’s is 10 years. You measure arrest date to arrest date. Second, third, and fourth-time DUIs trigger mandatory minimums and other punishments. If you have a DUI outside of the 10-year period, it can still very well effect your case. The DA will typically know about it and use it as a factor in their offer despite it not triggering mandatory punishments or mandatory minimums.
Can A Fourth-Time DUI Offense Be Reduced To a Lesser Charge?
In order to have a fourth-time DUI offense reduced to a wet reckless, you would have to have a very low BAC and some really big issues with the case factually, forensically, or procedurally in court.
Also, one of the prior convictions may be strike able for a variety of reasons. If so stricken, that prior would no longer count as a basis to make the current offense a fourth DUI.
What Are The Penalties For A Felony DUI In California?
A felony DUI in California can result in state prison custodial time. You can also be granted probation on a felony DUI depending on your BAC at the time of an accident, how recent your prior DUI convictions are, and the severity of the injuries caused by the accident. There are several things you can do as a defendant to get a favorable disposition, such as receiving inpatient or outpatient treatment, having an ignition interlock device installed in your car, and participating in certain rehabilitative programs.
For more information on Felony DUI Charges In San Matteo County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 484-0906 today.