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San Diego Felony DUI Attorney
Were you charged with a DUI in San Diego, CA? Preserve your freedom by contacting a defense lawyer who can defend your rights. Call The Law Office of Elliott Kanter for a no-cost, no-obligation consultation.
Felony DUI Defense in San Diego
When you are charged with driving under the influence (DUI) there are two different proceedings: the Department of Motor Vehicles (DMV) and the court. Our lawyers will help clients deal with both cases.
When you are charged with driving under the influence of alcohol, it’s usually considered a misdemeanor DUI. In fact, when facing your first, second, and third DUI case, it’s still considered a “simple DUI.” The stakes for felony charges are much higher and penalties often involve jail time or a suspended license. The worst thing you can do is delay securing legal representation from an attorney. A misdemeanor becomes a felony offense if specific conditions apply:
- You caused a personal injury accident or a death. When another person suffers injury or death, you can be charged with driving under the influence causing injury, DUI vehicular manslaughter, or DUI second-degree murder. This does not mean if the other person suffers from minor scratches and a few bruises then you will be charged with a felony. To be charged with a felony, the other person must suffer serious injuries, otherwise, the crime will still be charged as a misdemeanor.
- You have multiple prior convictions. Driving under the influence is known as a “prior” offense. That is, every time you are convicted for the same or similar offense, the penalties are stiffer. So if you have three or more prior DUIs or California “wet reckless” convictions within the last 10 years, you will be charged with a felony.
- You have at least one prior felony DUI conviction. If you were previously charged with a felony DUI and this is otherwise a simple DUI, you will still be charged with felony DUI.
We Will Fight For Your Driving Privileges After A DUI Arrest
The pink slip happens. Your license will be taken away and you’ll receive a pink slip known as an “Order of Suspension and Temporary License.” This pink skip is a temporary license and also states that unless an Administrative Per Se (APS) hearing is scheduled at your local DMV office within ten days of the arrest, your license will automatically be suspended. The San Diego criminal defense attorneys at The Law Office of Elliott Kanter will schedule your hearing and present on your behalf that you were not driving under the influence. You have a right to elect either an in-person or telephone hearing. When this is done, the license suspension is postponed pending the outcome of the APS hearing.
At the APS hearing, in order for the DMV to suspend your license, each one of these conditions must be met. Experienced lawyer Elliott Kanter will review everything to prove that at least one, if not all three of these conditions apply to your case.
- Was there probable cause for the officer to stop you? Did you violate any laws?
- Did the police officer notice enough details to make a lawful arrest?
- Was your blood alcohol content (BAC) at the time 0.08 percent or greater?
What are the Penalties for a Felony DUI Arrest?
The criminal penalties you face will depend on what type of DUI it was, whether injuries were involved, and your prior criminal history. For example, if this is your fourth DUI conviction, you may face up to four years in prison, $1,000 in fines, a four-year revocation of your driver’s license, and you may be classified as a habitual traffic offender by the DMV.
Make no mistake about it. Felony DUIs are aggressively prosecuted in the state of California. If you have been charged–regardless of whether it is because of your prior convictions or an injury to another person–you will need the legal assistance of an experienced attorney. Contact The Law Office of Elliott Kanter or visit our website to fill out an online form to schedule a free legal consultation with a criminal defense attorney today.
How Can We Help Your Case?
Your court date will be set. When you are released from custody, you will find a date at the bottom of your citation. At the arraignment, if you are charged with a felony, you will be expected to appear at each court hearing, including the arraignment. At the arraignment, The Law Office of Elliott Kanter will:
- Be given a copy of the complaint against you.
- Obtain the initial discovery packet which normally consists of a police report, any breath/blood test results report, and a copy of your driving record.
- Enter a plea of “not guilty” on your behalf.
- Set a pre-trial date to begin negotiating your case with the District Attorney (DA)’s office.
What happens at the pre-trial? Pre-trial conferences occur between your lawyer and the Deputy District Attorney. This is an opportunity to negotiate with the DA, and sometimes a good deal can be worked out before you have to go to trial, but this will depend on the circumstances surrounding your charges. The Law Office of Elliott Kanter will work hard for you. We prefer not to go to trial, as your case can often be negotiated. But if we have to go to trial, we are prepared to do so.
Get the Help Your DUI Case Needs Today
Being charged with a felony for drunk driving is a stressful experience. But we urge you to not just plead guilty and accept punishment from the courts. A skilled attorney from one of the top law firms in the area can handle your case. A San Diego DUI lawyer can make all the difference and can work tirelessly to achieve the best possible result for your case. Elliott Kanter has decades of professional experience representing clients in various practice areas, including DUI defense, theft, domestic violence, drug crimes, and probation.
One of our skilled team members will review the charge against you, provide you with legal advice, and discuss the legal process with you in detail. Please contact us today by phone or email us using the form on this site to schedule a free consultation regarding your case.