What Is Considered A Felony DUI Charge in California?

 In a typical year, about 16,000 drivers are arrested for DUI in Orange County. A DUI conviction may carry drastic consequences for drivers. Criminal punishments for a DUI include substantial fines, loss of driving privileges, and time in jail. In some cases, drivers are required to install expensive ignition interlock devices and may face impoundment of their vehicles.

In addition to the stigma of a criminal record, alcohol-related convictions can lead to a loss of professional licenses and employment. Insurance companies impose "high risk" premiums for years after a DUI conviction appears on a driving record. Commercial drivers may be automatically banned from their occupation as the result of a DUI conviction. 

The good news is that a significant percentage of drivers who are arrested for DUI in Orange County escape conviction. A skilled DUI defense attorney can minimize the consequences of an arrest and, in many cases, can help drivers avoid criminal punishments.

Randy Collins is recognized as a top-rated Orange County DUI defense attorney. To begin building a defense to your alcohol-related driving charge, call (888) 250-2865. Visit our Felony DUI Charges in California | Free Consultations web page to get started.  From our convenient offices in Newport Beach, Fullerton, and Santa Ana, The Law Offices of Randy Collins can take immediate action that is designed to save your license and keep a DUI conviction off your record.

Representation in All DUI Court Proceedings

The Law Offices of Randy Collins defends clients accused of all California DUI crimes, including:

• Driving Under the Influence of Alcohol
•  Driving with a Prohibited Blood Alcohol Content (0.08% for most drivers)
• Driving Under the Influence of Drugs
• Felony DUI
• DUI Causing Injury
• Refusing a Chemical Test of Breath or Blood

A first, second, or third offense DUI is typically charged as a misdemeanor, although certain aggravating factors can result in a felony charge. A fourth offense or higher is usually charged as a felony.

Prior offenses (including out-of-state convictions) are counted if they occurred within the last ten years. In appropriate cases, an aggressive defense can include challenges to the legality of counting a prior conviction. If successful, those challenges reduce the penalties a driver will face if the driver is convicted.

Representation in DUI Administrative Proceedings

Even before DUI charges are filed in court, drivers face administrative sanctions simply because a breath or blood test result exceeded the legal limit. California law requires an immediate driver's license suspension when a test result equals or exceeds:

• 0.08% for most drivers
• 0.04% for commercial drivers
• 0.01% for drivers under the age of 21

Refusing the test also triggers an automatic suspension.

Drivers who fail or refuse a test are given a 30-day temporary license. At the same time, they are given a notice of their right to seek an administrative review of the automatic suspension. A review request must be filed in the proper place and form within 10 days after the notice is served.

A number of defenses can be raised at the administrative review hearing. About 14,000 administrative suspensions are set aside each year after they are challenged. Most drivers fail to ask for a review and lose their right to request a review hearing.

Submitting a timely review request is vital for drivers who want to avoid an administrative suspension. Drivers who are arrested for DUI in Orange County should contact The Law Offices of Randy Collins immediately. Having a lawyer file the review request and appear at the hearing maximizes your chance of avoiding a burdensome license suspension.

Aggressive Pursuit of DUI Defenses in Orange County

The first goal in any DUI case is to avoid a conviction. If a conviction is unavoidable, the fallback goal is to minimize its consequences.

Convictions can be avoided by negotiating, by filing motions to throw out the charge or the evidence that supports it, and by challenging the facts. Some cases end with a "not guilty" verdict and others with a dismissal. Some charges are amended to something other than DUI.

As a former prosecutor, Randy Collins understands that Orange County prosecutors do not easily agree to amend a DUI charge. Only by negotiating from a position of strength is a favorable plea bargain possible. That means overturning every stone in the search for a winning defense. Prosecutors only amend DUI charges when they fear they will lose if they take the case to trial.

A thorough investigation of the facts and creative use of the law permits Randy Collins to craft the defense that is best suited to each case. Potential defenses may include:

• Establishing that the police did not have a valid reason to initiate a traffic stop.
• Establishing that the police made serious errors when they administered field sobriety tests.
• Establishing that the police did not have probable cause to make a DUI arrest.
• Proving that the videotape of the officer’s encounter with the accused does not support the officer's testimony.
• Raising technical challenges to the accuracy of the breath or blood test results.
•   Challenging the procedures that the police followed when administering breath or blood tests.
• Challenging involuntary blood draws obtained without a warrant.
• The "blood alcohol curve" defense.

• Raising reasonable doubt as to whether the arrested person was driving (when the arresting officer did not pull over the driver).
• Establishing that the driver did not refuse a chemical test.
• Establishing that the driver had a medical condition that prevented the driver from supplying an adequate breath sample.
• Raising reasonable doubt for other reasons suggested by the unique facts of each case.

Unfortunately, not every case lends itself to a winning defense. After exhausting all reasonable means of avoiding a conviction, Randy Collins works to establish mitigating circumstances that minimize the consequences of a conviction.

An Orange County DUI Lawyer Who Believes in Winning

Some DUI lawyers plead every client guilty. Randy Collins believes in winning. That's why he was named a Top Lawyer by OC Metro Magazine, why he was rated "superb" by the Avvo Lawyer Rating Service, and why clients rave about the results he obtains.

Many drivers who are arrested for DUI believe that their case is hopeless. Hope can be restored during a free initial consultation with The Law Offices of Randy Collins. Learn how a skilled professional can help you challenge your DUI in Orange County and surrounding areas.

Put a top Orange County DUI lawyer to work for you today. Call The Law Offices or Randy Collins at (888) 250-2865. Remember that delay may cause you to lose your driving privileges.