HABLA ESPAÑOL • AVAILABLE 24/7/365 • HELP WITH BAIL BONDS

(949) 622-5522
(949) 622-5522
En Español
Schedule Consultation

Felony DUI Drunk Driving Defense Lawyers

Available 24/7/365
See All Criminal Defense Practice Areas

As Seen In

10 News First
CNN
Court TV
Forbes
Huff Post Live Alt
Huff Post Live
KTLA

Felony DUI

Summary: This page covers Penalties for DUI Felony, What does the court consider when penalizing felony DUI?, Felony DUI.

Whether your first or third DUI, a felony DUI conviction carries very harsh penalties. According to California State law, driving under the influence of alcohol generally is generally filed as a misdemeanor. However, some DUIs can also be filed as a felony irrespective of the amount of alcohol in the blood stream of the accused if one of the following conditions is met. An experienced Orange County DUI Lawyer at our law office can defend you against the following conditions required for conviction.

These conditions are:

  • When the accused causes severe body harm or death to third parties.
    If the accident merely caused body cuts, bruises or scrapes, the prosecutor would not charge you with a felony. For you to be charged with a felony under the California DUI law the accident must have resulted in death or caused severe injury to third parties.
  • If it is the fourth or more DUI offense within ten-years time.
    California law treats the first three DUI offenses committed within 10 years time as a misdemeanor. If you commit four or more DUI offenses within a period of 10 years, your charges no longer fall under a misdemeanor. California State law allows the prosecutor to charge you with a felony.
  • If the accused had been convicted of a felony before.
    If the accused was convicted of a felony for a previous DUI case, all the subsequent charges are filed as a felony.

Penalties for DUI Felony

Felony charges are much harsher than misdemeanor charges. The accused may:

  • Serve a jail term whose length depends on the severity of the DUI offense.
  • Have their driving license suspended for a long period of time or be completely revoked.
  • Be ordered to serve under strictly monitored felony probation.
  • Fines and fees.
  • Have to undergo extensive alcohol classes.
  • Have to undergo mandatory rehabilitation or treatment programs.
  • Be required to install an Ignition Interlock Device (IID) that detects your alcohol levels and ‘locks’ your engine.

What does the court consider when penalizing felony DUI?

The penalties in felony DUI, particularly accident DUI depend on a number of factors:

  • The nature and cause of the accident
  • The severity of the accident
  • The number of the affected of people.
  • The defendant’s criminal background.
  • The circumstances, age and cause of the prior DUI cases.

Felony DUI

Like stated above, upon receiving a fourth conviction for DUI within ten years of three separate DUI offenses, the State has the discretion to charge the person with either a misdemeanor DUI or felony DUI. Additionally, the offense may be charged as a felony if the offense resulted in the death or injury to a third person. A person convicted of a felony DUI and may be subjected to imprisonment for a period up to three years, designation as habitual offender, and revocation of driver’s license for four years.

The person’s driver’s license will not be reinstated until the person files proof of financial responsibility and submits proof of successful completion of an 18-month driving-under-the-influence program or, if available, a 30-month driving-under-the-influence program.

What Are The Felony DUI Defenses?

Our criminal defense attorney knows that the penalties for a DUI conviction are tough, which makes it critical for you to have the representation from an attorney who is experienced with these types of cases. Our attorney is well aware of the different legal defenses to fight your charge.

  • In general defendants in a California DUI case have a wide range of defenses available to challenge their charge, including:
  • Faulty Breathalyzer and Blood Test Equipment
  • Law Enforcement Errors (such as the failure to conduct an appropriate standardized field test)
  • False BAC Result due to residual mouth alcohol
  • Breath Test was not properly calibrated
  • The arresting officer did not have reasonable cause to stop you

If you are charged with DUI, call our office immediately so we can establish whether you are at risk of being charged with a felony. Your call is confidential, and an felony DUI attorney can speak with you right away regarding what the next steps in your felony dui case might be. Contact us now.

Get A Criminal Defense Consultation Now

Do you already have a court date?*
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Recover Your Future with a Commanding Legal Defense

Immediate Action to Restore Control

Neutralize threats & prevent escalation with a firm that begins active case management as soon as you retain us

24/7 Access to Elite Legal Counsel

Connect with a member of our team at any time to begin addressing your legal challenges swiftly and decisively

Resolve Uncertainty with Clear Guidance

Reduce stress and uncertainty through honest, candid assessments and a clear, strategic path to resolution

Fierce Representation for Urgent Situations

Secure lasting stability for you or your loved one through an aggressive defense and diligent case preparation

Contact Us 24/7/365

Criminal Defense Case Results

Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

Mr. H. was found by police passed out in his vehicle with drugs out in the open. Our office was successful in obtaining a diversion out of the criminal justice system and ultimately a dismissal.

Read More Case Results

Hear From Our Clients

Refreshing & Life-Changing Experience

I hired Lauren Johnson-Norris when social services showed up at my door asking questions after my husband and I got into an argument. I didn’t understand why they were there and everything was so overblown. They threatened to put my kids in foster care. Ms. Johnson-Norris created a plan to keep my family together, to keep us all safe and to help us get out of the system quickly. She was compassionate and as smart as can be. Her fees were reasonable, I could always get her on the phone and it was such a relief to know that she was on our side. If you or your family ever run into trouble with social services, I strongly recommend calling her. I am so thankful.

A Juvenile Client

Ms. Johnson-Norris represented my wife and me in a motion for relative placement of our grandchild. This was part of a nightmarish case involving the SSA, a corrupt and broken system rife with cronyism, ineptitude and conflicts of interest. Ms. Johnson-Norris was recommended to us as an expert in this area and we are so grateful to her for how she helped us. I’m experienced in dealing with attorneys in commercial and civil issues through my career, but dependency court is a bizarre world where normal rules and rights do not apply. In OC, it is a closed system filled with bias, and outsiders are at a disadvantage. Ms. Johnson-Norris is highly respected in this world and highly effective. She is always professional and an excellent communicator, never failing to return calls and emails promptly as we navigated this valley of terror. She was always prepared with thoughtful, intelligent, reasonable, and realistic counsel. She continues to guide, represent, and help us as things wrap up. I can’t recommend her highly enough. She is highly credible and experienced in this area of law, and there are not many who are. We are so glad she represented us. Her guidance and insight were invaluable to our family, and her teaming with the other counsel for our family was highly effective.

A Juvenile/Child Custody client

Lauren Johnson-Norris is extremely knowledgeable in family court. She communicates with you as a client and is realistic in your options and outcomes. She helped us get our kids returned to us and sort through the maze of dependency court and social services.

Karen I., a Juvenile client

Ms. Johnson-Norris is an aggressive, professional and effective attorney. Thank you for your legal assistance. Her follow-through is to be commended, and she always returns phone calls and quickly replies to email. The outcome would not have been the same without Ms. Johnson-Norris as my attorney. I would highly recommend Ms. Johnson-Norris to friends and family in need of legal advice. Thank you!

M.B., a Family client

Ms. Johnson-Norris has been a ‘guardian angel’ in our case from the first second we spoke. She’s dedicated such intense time and detail into making sure everything is handled perfectly. Our case has not been finished (yet), and we’re just in the initial stages, but we are already extremely confident in her abilities. Our case is extremely sensitive in nature, but Ms. Johnson-Norris has shown compassion, composure, and extensive knowledge, which is always super comforting. I can say with certainty that Ms. Johnson-Norris will handle our legal needs from the beginning to the end. Also, Ms. Johnson-Norris is really easy to get ahold of. She returns phone calls and/or emails very quickly, which is also a very comforting factor, and something I wanted to point out about her.

Jill, a Juvenile client

Read more Testimonials

Criminal Defense FaQ

What immediate steps will you take to protect my rights?

We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

.

Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

Habla Español • Available 24/7/365 Help With Bail Bonds

Schedule A Consultation
(949) 622-5522