How California Law Defines a DUI

A standard DUI under California Vehicle Code 23152 occurs when a driver operates a vehicle with:

• A blood alcohol concentration (BAC) of 0.08% or higher, or
• Impairment due to alcohol, drugs, or a combination of both.

However, a DUI becomes aggravated when specific factors increase the danger, recklessness, or criminal severity of the offense. Unlike a first-time misdemeanor DUI, an aggravated DUI can result in enhanced sentencing, felony charges, and mandatory jail or prison time.

What Makes a DUI Aggravated in California?

• Excessive BAC (0.15% or Higher) – A high BAC can result in sentence enhancements under California law.
• DUI Involving Injury or Death – If another person is injured, the charge may be elevated to a felony under Vehicle Code 23153.
• Prior DUI Convictions – Multiple DUIs in a 10-year period increase penalties and may lead to felony prosecution.
• DUI with a Minor Passenger – Driving under the influence with a child under 14 years old can result in child endangerment charges under Penal Code 273a.
• Excessive Speed or Reckless Driving – Driving 30+ mph over the limit on a freeway or 20+ mph over on streets while intoxicated leads to additional penalties.
• DUI While Driving on a Suspended License – If your license was previously suspended or revoked for a DUI, your case may be charged as a felony.

How an Aggravated DUI Affects Your License – What You Need to Know

After an aggravated DUI arrest, your driver’s license is immediately at risk. Many people don’t realize that you only have 10 days to request a DMV hearing—if you miss this deadline, your license will be automatically suspended.

This DMV hearing is separate from your criminal case and requires a strategic defense. Our aggravated DUI lawyer handles both your DUI court case and your DMV hearing, giving you the best chance to keep your driving privileges.

Without proper legal representation, you could face:

• A suspended license for up to 5 years (depending on prior offenses).
• An ignition interlock device (IID) requirement for years.
• Significant insurance rate increases or policy cancellation.

Penalties for Aggravated DUI in California

California imposes strict penalties for aggravated DUI offenses, which go beyond the standard consequences of a regular DUI conviction. A first-time DUI is typically charged as a misdemeanor, but when aggravating factors are present, the penalties increase significantly. Penalties for an aggravated DUI vary depending on the specific circumstances of the case, but may include:

• Jail or Prison Sentence – A misdemeanor aggravated DUI may result in up to one year in county jail, while a felony DUI can carry a sentence of 16 months to four years in state prison, or more if serious injuries are involved.
• Increased Fines and Fees – Fines range from $1,500 to $10,000, with additional court costs, penalty assessments, and mandatory restitution if injuries occurred.
• Driver’s License Suspension or Revocation – Suspension periods range from one to five years, and a felony conviction may result in permanent license revocation.
• Mandatory DUI Education and Treatment Programs – Depending on the offense, offenders may be required to complete a nine-month to 30-month alcohol education or rehabilitation program.
• Ignition Interlock Device (IID) Requirement – In many cases, an IID must be installed in the offender’s vehicle for one to three years before full driving privileges can be restored.
• Felony Record – A felony DUI conviction remains on a person’s criminal record permanently, which can impact employment opportunities, housing applications, and professional licensing.
• Probation and Community Service – Some cases may involve formal probation, community service hours, or house arrest.

Additional Consequences of a Felony DUI

• Loss of certain civil rights, such as the right to own a firearm.
• Employment difficulties, as some jobs prohibit hiring individuals with felony convictions.
• Ineligibility for certain government programs, including public benefits and scholarships.

How a Prior DUI Can Increase Penalties & Jail Time

If you have previous DUI convictions, your situation is far more serious. California law treats repeat DUI offenders harshly, and any prior offenses within the last 10 years will lead to increased penalties, longer license suspensions, and mandatory jail or prison time. If this is your third or fourth DUI, the prosecution will push for felony charges, which means state prison time and a permanent criminal record.

Even if your previous DUI convictions were misdemeanors, they still count against you. Prosecutors argue that multiple offenses show a pattern of reckless behavior, making it harder to secure plea deals or alternative sentencing. However, prior convictions don’t automatically guarantee a conviction in your current case. An experienced aggravated DUI lawyer can challenge how previous DUIs were handled, whether proper procedures were followed, and whether enhancements are justified.

How to Fight an Aggravated DUI Charge & Avoid Harsh Penalties

An aggravated DUI does not mean an automatic conviction. There are multiple ways to challenge the prosecution’s case and fight for reduced charges, dismissed penalties, or even a case dismissal. The right defense strategy depends on the specific facts of your case, but some common approaches include:

One of the most effective defenses is attacking the accuracy of the breathalyzer or blood test results. Breathalyzers must be calibrated correctly, and even small errors can lead to false BAC readings. Medical conditions, diets, or even mouth alcohol residue can also cause falsely high results. If a blood test was taken, chain of custody issues or contamination can make the results inadmissible in court.

Another key defense is challenging the legality of the traffic stop. If the police did not have reasonable suspicion to pull you over, any evidence gathered after the stop—including breath tests or field sobriety tests—could be thrown out. Additionally, if the officer failed to follow proper DUI investigation procedures, it can weaken the prosecution’s case.

If your case involves an accident or injury, the prosecution must prove that alcohol or drug impairment actually caused the crash. In many cases, other factors—such as another driver’s negligence, poor road conditions, or mechanical failures—may have played a role. An experienced aggravated DUI lawyer can expose flaws in the case and create doubt, which can lead to dismissals or reduced charges.

Charged with Aggravated DUI? Protect Your Future – Call Us Today

An aggravated DUI conviction in California can result in severe penalties, including felony charges, lengthy jail or prison sentences, and long-term consequences on your driver’s license, employment, and future opportunities. Prosecutors aggressively pursue these cases and often push for maximum penalties, making it critical to have a strong legal defense.

At The Law Offices of Arash Hashemi, we take an aggressive approach to defending aggravated DUI cases. We don’t just accept plea deals—we dig deep into the evidence, look for violations of your rights, and build a strategic defense tailored to your case. With over 20 years of experience handling DUI cases, Attorney Hashemi knows how to challenge prosecutorial tactics, dispute breathalyzer results and police procedures, and fight sentencing enhancements to protect your future.

Whether this is your first aggravated DUI or a repeat offense, we will examine every possible legal option to keep you out of jail and minimize the impact on your life. If you are facing felony DUI charges, our DUI lawyer will work to challenge the felony classification and negotiate alternative resolutions that don’t result in a life-altering conviction.

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