The district attorney can decide to file your DUI as a felony if
- someone is badly injured as a result of the incident, or
- based on your prior criminal background (prior DUIs).
If someone is injured, depending on the severity of the injury, an enhancement can also be added. The penalty for a felony DUI is up to 3 years in state prison. If there is an enhancement for great bodily injury, the penalty is up to 6 years in state prison.
Depending on your criminal background, a DUI charge can also be elevated to a felony. There are two ways this happens. First, if you have three prior DUI convictions in the past 10 years, then this new arrest (your 4th), will be filed as a felony. Second, if you have a prior felony DUI within 10 years, even if you only have one, then the new arrest can be charged as a felony. The penalty can be up to three years in state prison.
In DUI cases, it is imperative to act quickly and contact an attorney at Jackson Law as there are many things that must be done very get yourself help via Alcoholic Anonymous and treatment programs.
If you are being investigated for a criminal offense, or have been charged with a criminal offense, and want to know how to best proceed, please contact the attorneys at Jackson Law online or call Jackson Law at 650-587-8556.
Fill out the contact form or call us at 650-587-8556 or 866-985-4850 to schedule your consultation.