There are some cases when a DUI becomes a felony, according to California law. In our state, there is an astounding number of drivers who are arrested for drinking and driving every year, and unfortunately, many victims who have been gravely injured or killed due to alcohol-related accidents. These facts are what have made DUI cases the most common criminal cases heard in courts to this day.
The California Legal Limit
In California, someone is considered driving under the influence of alcohol if their blood-alcohol content measures 0.08% or higher (for underage drivers, this percentage is even lower, at 0.01%). So, even if a driver does not “feel drunk,” law enforcement can still arrest someone if their measurements reach or surpass that legal limit.
Now, there are many circumstances that lead to a false BAC reading, such as defective breathalyzer device or some other error that skewed the results. This is a singular matter for DUI defense attorneys to argue in court. However, the case becomes more complicated if you are dealing with a felony DUI.
These are some of the conditions that define felony DUI in California:
- You have had a previous felony DUI conviction
- A serious auto accident occurred while drinking and driving, resulting in bodily harm or the death of another person.
- You have sustained multiple DUI convictions within a 10-year period.
The 10-year period, also known as the lookback period, can encompass even misdemeanor cases, which are considered “minor” on the spectrum of DUI cases. A DUI may become a felony, also, if children were endangered at any time, such as if they were passengers in your vehicle. Regardless of what the circumstances were involved, if there is any possibility at all that you could be facing a felony DUI, we urge you to contact our Ventura DUI defense attorney, Robert F. Sommers.
Attorney Sommers possesses over 20 years of experience and has handled more than 4, 000 DUI cases. He can help inform you of your rights and protect your future.
Call a Ventura DUI defense lawyer at (805) 919-8662!