Los Angeles Felony DUI and Southern California felony driving under the influence cases have increased recently. Prosecutors can file felony charges on a DUI charge if the a person is driving under the influence of alcohol or drugs, or has a blood alcohol level of .08 or higher, and a person, other then the driver, is injured in an accident. If the prosecution is going to file the charge then it would be under California Vehicle Code section 23153. In California, the if the person is simply driving under the influence, then the person must also violate some traffic law or have an accident. If a person has been arrested for a Los Angeles DUI, then it is best to immediately hire a pre-filing Los Angeles DUI defense attorney that can meet with the police or the prosecutor to see if facts can be brought to light to convince the prosecution not to file a felony.
Another way for the prosecution to charge a felony is if the driver has a bad record of driving under the influence. A conviction of three or more DUIs in a ten year period allows for the next DUI to be charged as a felony.
Lastly, the prosecution may charge a person with a felony DUI in Southern California if the person has previously been convicted of a felony DUI. Then, any subsequent DUI will be charged as a felony.
If you have been arrested for a felony DUI in Los Angeles, CA Vehicle Code section 23153 or you are under investigation for driving under the influence in Southern California either as a felony DUI (CA Vehicle Code section 23153) or a Misdemeanor DUI (CA Vehicle Code section 23152), please contact Los Angeles criminal defense attorney Michael Kraut for 24/7 assistance by phone at (323) 464-6453 or toll free at (888) 334-6344 or online.