Felony DUI Attorney Los Angeles
Being charged with a felony DUI in Los Angeles is overwhelming and can change the course of your life. Unlike a misdemeanor DUI, a felony charge brings the risk of state prison time, thousands in fines, and the loss of your driver’s license for years — sometimes permanently. These cases often involve DUI with injury, prior DUI convictions, or aggravating factors such as reckless driving or excessive speed.
When the stakes are this high, you need more than just legal advice — you need an experienced felony DUI attorney who knows how to fight back. Prosecutors in California pursue felony DUI cases aggressively, but the right defense strategy can challenge the evidence, question the stop or arrest, and work toward a reduced charge or even a dismissal.
At The Law Offices of Arash Hashemi, we bring over 20 years of courtroom experience to defending clients against felony DUI charges in Los Angeles. Attorney Hashemi takes a hands-on, aggressive approach to every case, protecting your rights and building the strongest defense possible. Whether negotiating with prosecutors or standing before a jury, we fight to secure the best outcome for you. Call (310) 448-1529 today to schedule a free consultation with our experienced DUI attorney.
What Is a Felony DUI in California?
A felony DUI in California is a serious criminal charge that arises when someone is accused of driving under the influence of alcohol or drugs (in violation of California Vehicle Code Sections 23152 or 23153) under specific aggravating circumstances. While most DUIs are charged as misdemeanors, a DUI becomes a felony when it involves repeat offenses, injuries, fatalities, or prior felony convictions. Unlike a standard DUI, which typically results in probation or short-term jail sentences, a felony DUI carries harsher penalties, including longer prison terms, higher fines, and extended license suspensions. Felony DUI charges focus on the severity of the driver’s conduct and the harm caused, making the consequences far more severe and life-altering
Circumstances That Elevate a DUI to a Felony
Multiple Prior DUI Convictions
A fourth DUI conviction within a ten-year period will result in felony charges. This includes not only prior DUI convictions but also related offenses, such as a “wet reckless” conviction or a DUI causing injury. Prosecutors treat repeat offenses harshly, especially when a defendant demonstrates a pattern of impaired driving.
DUI Resulting in Injury or Death
When a DUI accident leads to serious bodily injury or death, the charge is elevated to a felony under California Vehicle Code 23153 VC. To secure a conviction, the prosecution must prove a direct connection between your impaired driving and the injuries or fatalities caused. This type of felony DUI is among the most serious and carries significant legal penalties.
Prior Felony DUI Convictions
If you already have a felony DUI conviction on your record, any subsequent DUI—regardless of the circumstances—will automatically be charged as a felony. This rule applies even in cases where no injury or death occurred during the new incident.
Because felony DUI cases are complex and aggressively prosecuted, it is essential to have an experienced Los Angeles felony DUI attorney on your side. With skilled legal representation, you can challenge the prosecution’s evidence, negotiate for reduced charges, or, in some cases, seek a dismissal. A tailored, strategic defense can make all the difference in protecting your rights and future.
What Happens When You Get a Felony DUI?
After law enforcement stops you for suspected DUI, they may conduct field sobriety tests, breath tests, or chemical tests to determine your level of intoxication. If your blood alcohol concentration (BAC) exceeds the legal limit or if your actions caused an accident resulting in injury or death, you will be arrested. Following your arrest, you will be taken into custody and booked into jail, where your personal information, fingerprints, and photographs will be collected. The booking process can feel intimidating, but it is the first step in the legal process.
Shortly after your arrest, you will be required to appear in court for your arraignment hearing. During this hearing, the charges against you will be formally read, and you will have the opportunity to enter a plea of guilty, not guilty, or no contest. The court will also decide whether you will be released on bail or remain in custody while awaiting trial. This is a critical stage where having an experienced felony DUI defense attorney can help advocate for your release and prepare your defense strategy.
A felony DUI arrest also triggers an automatic administrative license suspension through the California Department of Motor Vehicles (DMV). You have just 10 days from the date of your arrest to request a DMV hearing to contest this suspension. Failing to act within this timeframe will result in an automatic suspension of your driver’s license, regardless of the outcome of your criminal case. This administrative process is separate from the criminal proceedings, and navigating both simultaneously requires skilled legal representation.
The criminal case will proceed with pre-trial hearings, negotiations, and potentially a trial. The prosecution will aim to prove that you were intoxicated, that your BAC was above the legal limit, and that your actions demonstrated gross negligence or resulted in injury or death. During this time, your defense attorney will work to challenge the evidence presented against you, identify procedural errors or constitutional violations, and negotiate for reduced charges, dismissal, or alternative sentencing options. If the case proceeds to trial, the strength of your defense will play a crucial role in determining the outcome. A felony DUI charge can feel daunting, but with the right legal guidance, you can navigate this process and work toward the best possible outcome. Contacting an experienced Los Angeles felony DUI attorney as soon as possible is critical to safeguarding your future and building a strong defense.
Penalties for Felony DUI Charges in Los Angeles
For a standard felony DUI conviction, penalties include 16 months, 2 years, or 3 years in state prison, along with fines ranging from $1,000 to $5,000. In cases where the DUI results in serious injuries, the sentence can increase to 2, 3, or 4 years, with additional enhancements of 3 to 6 years for multiple victims or great bodily harm. DUI cases involving fatalities, such as vehicular manslaughter or gross negligence, can result in 10 years to life in prison under California law.
Your driver’s license will also be suspended for up to 4 years or more, and reinstatement may require attending a DUI education program or installing an ignition interlock device. Furthermore, felony DUI convictions often result in formal probation with strict terms, including alcohol monitoring, community service, and completion of DUI programs.
In addition to these penalties, felony DUIs are classified as serious felonies under California’s Three Strikes Law. A first strike places a permanent mark on your record, while a second strike doubles your sentence, and a third strike could result in 25 years to life in prison.
How Our DUI Attorney Can Help Fight Felony DUI Charges
Challenging BAC Test Accuracy
The prosecution relies heavily on blood and breath tests to prove intoxication. However, these tests are not always accurate. Factors such as improperly calibrated devices, procedural mistakes during testing, or medical conditions like acid reflux or diabetes can lead to false BAC results. Attorney Hashemi will thoroughly investigate whether any errors occurred that could compromise the reliability of the test results.
Proving Lack of Causation
In cases involving injury or death, the prosecution must prove that your intoxication directly caused the accident. If other factors, such as hazardous weather, poor road conditions, or another driver’s negligence contributed to the crash, your attorney can argue that intoxication was not the primary cause. By challenging causation, it may be possible to reduce or dismiss the charges against you.
Unlawful Stops and Violations of Rights
If law enforcement violated your constitutional rights, such as conducting an unlawful traffic stop, search, or arrest without probable cause, any evidence obtained during the stop may be inadmissible in court. A successful challenge to the legality of the traffic stop can significantly weaken the prosecution’s case and lead to a dismissal of the charges.
Exposing Procedural Errors
DUI cases require strict adherence to protocols during the collection, handling, and testing of evidence. If the prosecution or law enforcement failed to follow these procedures—for example, by mishandling blood samples or failing to properly maintain breathalyzer devices—this could undermine the case against you. Attorney Hashemi will carefully review the evidence to identify any procedural errors that may benefit your defense.
By employing these and other defense strategies, your attorney can negotiate for reduced charges, seek a dismissal, or fight for an acquittal at trial. With over 20 years of experience as a Los Angeles criminal defense attorney, Attorney Hashemi is dedicated to protecting your rights and pursuing the best possible outcome in your felony DUI case.
Contact a Los Angeles Felony DUI Attorney to Discuss Your Case
If you are facing felony DUI charges in Los Angeles, the stakes couldn’t be higher. At The Law Offices of Arash Hashemi, our experienced Los Angeles criminal defense attorney has been successfully defending clients against serious DUI charges for over 20 years. Attorney Hashemi understands the complexities of California DUI laws and the strategies needed to fight felony DUI cases.
When you choose our firm, Attorney Hashemi will personally review the details of your case, challenge the evidence presented by the prosecution, and craft a defense tailored to your unique circumstances. Whether we’re negotiating reduced charges, seeking a dismissal, or representing you in court, our goal is to minimize the impact of these charges and protect your future.
Don’t wait—time is critical in building a strong defense. Contact our office today for a free consultation to take the first step toward safeguarding your rights and securing the best possible outcome.
Schedule Your Consultation Today
- Phone: (310) 448-1529
- Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
