Felony DUI Defense

San Jose Felony DUI Defense Attorney

At the Moore Law Firm, our attorneys are highly skilled in developing and presenting effective defense strategies in drunk driving cases, including the most serious charges of felony DUI. If your case involves felony charges, a prison sentence could be the result of a conviction. In order to protect yourself from the severe consequences of a felony conviction, you need defense counsel who knows how to analyze the facts and the evidence and who has the skill to present your side of the story in the most favorable possible light. For a free consultation about your prospects for a positive outcome on a felony DUI charge, contact our drunk driving defense lawyers in San Jose or Fresno.

By definition, a felony charge is any crime that can result in a prison term of at least one year. Perhaps the most common form of felony DUI is a fourth DUI conviction within ten years. This so-called "look-back" period was recently extended from seven years. As a result, if you had drunk driving convictions dating from, for example, 1998, 1999, and 2001 and now face a new DUI charge--no matter what your blood alcohol concentration was--you will face felony charges.

Another common scenario for felony DUI is an alcohol-related accident. Even a first-offense drunk driving charge can be charged as a felony if any injury resulted, including superficial cuts or soft tissue strains requiring treatment. If the injuries are fatal, however, the case will probably be charged as vehicular manslaughter, and in some circumstances, the defendant might even face second-degree murder charges.

Other allegations connected with DUI can result in increased fines, longer suspensions, vehicle impoundment, or longer jail terms without necessarily resulting in felony DUI charges. These include DUI on a suspended or revoked license, DUI after a prior conviction of felony DUI, or DUI while a child is in the car.

In defending a client on a charge of felony DUI, we take the same aggressive and proactive approach to investigating and presenting the defense as we do in other drunk driving cases. We challenge the arrest and the blood alcohol concentration readings early, working to minimize our clients' exposure to criminal punishment. In cases involving felony charges based on three prior convictions, we make a careful review of each prior conviction to see whether it can be challenged on the basis of procedural or evidentiary defects. Even getting one prior DUI conviction thrown out can make a substantial difference in the outcome of your case.

For a free consultation about our ability to represent you on felony DUI charges in the Bay Area, Fresno, or Sacramento, contact the Moore Law Firm.