Strategies for Reducing Felony DUI Charges in Los Angeles
Can A Felony DUI With Injury Be Reduced To A Misdemeanor?
In some cases, it is possible to reduce a felony DUI with injury to a misdemeanor, depending on the circumstances and the effectiveness of your legal defense. Working with an experienced Los Angeles DUI defense attorney is critical to exploring your options and building a strong case for reduced charges.
If you’re facing felony DUI charges in Los Angeles, don’t wait to seek legal help. Contact The Law Offices of Arash Hashemi today at (310) 448-1529 to schedule your free consultation and protect your future.
What is a Felony DUI with Injury?
Under California Vehicle Code Section 23153, a DUI is elevated to a felony when a driver, under the influence of alcohol or drugs, causes an accident that results in injuries to another person. For the charge to apply, the following elements must be proven:
- The driver was under the influence of alcohol or drugs.
- The driver violated a traffic law or acted negligently.
- Another person sustained injuries as a direct result of the driver’s actions.
Penalties for Felony DUI with Injury:
- Imprisonment: Up to 16 months, 2 years, or 3 years in state prison for a first offense. Additional years may be added depending on the number or severity of injuries.
- Fines: Ranging from $390 to $5,000, excluding court fees.
- License Suspension: A minimum of 1 year, with potential for revocation.
- DUI Programs: Enrollment in alcohol or drug education programs.
- Restitution: Compensation for victims’ medical bills, lost wages, or property damage.
Aggravating Factors That Increase Penalties
- High BAC Levels: A blood alcohol content (BAC) exceeding 0.15%.
- Multiple Victims: Additional penalties apply for each injured person.
- Prior DUI Convictions: A history of DUI offenses significantly increases the likelihood of harsher sentencing.
- Serious Injuries or Fatalities: Cases involving life-threatening injuries, permanent disabilities, or fatalities carry more severe consequences, including possible vehicular manslaughter or second-degree murder charges.
When Can a Felony DUI Be Reduced to a Misdemeanor?
Under California Penal Code Section 17(b), certain felony charges, including a felony DUI with injury, can be reduced to misdemeanors under specific circumstances. A felony DUI with injury is classified as a “wobbler,” meaning the prosecutor has the discretion to charge it as either a felony or a misdemeanor based on the facts of the case and the defendant’s background. Several key factors influence this decision.
Severity of Injuries
The extent of injuries caused by the DUI plays a significant role in determining whether a felony charge can be reduced. Minor injuries, such as bruises or scrapes, may lead to a misdemeanor charge, especially if the injured party recovers quickly and without lasting harm. However, cases involving severe injuries—such as those causing permanent disfigurement, loss of a body part or organ, or life-threatening conditions—are more likely to remain felonies. The evaluation of injury severity is often subjective, and medical records, along with the defense attorney’s negotiations, can be critical in influencing how the charges are pursued.
Prior Criminal History
The defendant’s criminal history, particularly regarding prior DUI offenses, also heavily impacts the possibility of charge reduction. California law mandates felony charges if the defendant:
- Has three or more prior DUI convictions, even if those incidents did not involve injuries.
- Has two prior DUI convictions involving injuries.
For defendants with one or two non-injury DUIs or no prior DUI history, prosecutors may have more flexibility to pursue a misdemeanor charge. A clean criminal record increases the likelihood of a reduction, while repeat offenders face more severe scrutiny.
Circumstances of the Arrest
The details surrounding the DUI arrest can also influence whether a felony charge is reduced. Courts and prosecutors may consider factors such as:
- The defendant’s behavior during the arrest (e.g., cooperation versus resisting arrest).
- The level of intoxication, especially if the blood alcohol concentration (BAC) was significantly over the legal limit.
- Whether the defendant violated additional traffic laws, such as reckless driving, during the incident.
If the defendant acted responsibly after the incident, such as cooperating with law enforcement or seeking immediate medical attention for the injured party, this may support a reduction to a misdemeanor.
Post-Arrest Rehabilitation Efforts
Demonstrating responsibility and remorse through post-arrest actions can be a compelling factor for charge reduction. Participation in DUI education programs, alcohol or drug counseling, and community service shows a commitment to rehabilitation. Paying restitution to the injured party or engaging in other voluntary actions to address the harm caused can further support the case for a misdemeanor charge.
Legal Strategies to Reduce Felony DUI Charges
Reducing a felony DUI with injury to a misdemeanor often involves a combination of tailored legal strategies. One common approach is to prove that the driver was not solely at fault for the accident. The defense can argue that another party’s negligence contributed to the injuries, which can shift liability and reduce the severity of the charges.
Another strategy involves challenging the accuracy of blood alcohol concentration (BAC) test results. Breathalyzer and blood tests can sometimes yield incorrect readings due to improper calibration, contamination, or procedural errors during testing. Discrediting this evidence can weaken the prosecution’s case and create opportunities for reduced charges.
Negotiating for lesser charges is also a key tactic. A skilled attorney may work with the prosecution to secure a plea bargain, potentially lowering the charges to a misdemeanor or a “wet reckless” offense, which carries significantly lighter penalties than a felony conviction.
Lastly, demonstrating rehabilitation efforts can positively influence the court’s decision. Actions such as completing DUI education programs, performing community service, or attending counseling show accountability and a commitment to avoiding future offenses. These efforts can help convince the court that a reduced charge is appropriate.
Benefits of Reducing a Felony DUI to a Misdemeanor
A misdemeanor conviction offers significantly lighter penalties compared to a felony, providing numerous advantages for those facing DUI charges. For instance, misdemeanor convictions typically result in shorter jail sentences, probation, or alternative sentencing programs, allowing defendants to avoid extended time in state prison. The financial impact is also less severe with a misdemeanor. Fines and restitution obligations are reduced, alleviating the financial strain often associated with felony convictions. Additionally, defendants with a misdemeanor conviction are less likely to face obstacles in securing employment, as felony convictions often disqualify individuals from job opportunities and professional licenses.
Another critical benefit is the opportunity to regain driving privileges more quickly. Felony DUI convictions often carry extended license suspension periods, whereas a misdemeanor may result in a shorter suspension, enabling defendants to return to normal routines sooner. Socially, misdemeanors carry less stigma than felonies, helping individuals maintain personal and professional relationships without the long-lasting negative perception associated with a felony record. By reducing a felony DUI to a misdemeanor, individuals can minimize the consequences of a conviction and take steps toward restoring their reputation and stability.
How Our Criminal Defense Attorney Will Help
Thorough Case Analysis: We will review every aspect of your case, including police reports, BAC test results, and injury documentation, to uncover weaknesses in the prosecution’s evidence. Any procedural errors, such as improper testing methods or unlawful arrests, will be identified and used to strengthen your defense.
Challenging Evidence: Our attorney will scrutinize the prosecution’s evidence, including questioning the accuracy of BAC tests, eyewitness reliability, and other key elements. By exposing flaws in the evidence, we can reduce the strength of the case against you.
Negotiating Lesser Charges: We will work tirelessly to negotiate with prosecutors to reduce your charges from a felony to a misdemeanor or explore alternative sentencing options, such as probation or community service.
Aggressive Court Representation: If your case proceeds to trial, our attorney will present a compelling and strategic defense, fighting to have your charges reduced or dismissed.
Contact Our Los Angeles DUI Defense Lawyer
Facing a felony DUI with injury charge can feel overwhelming, but you don’t have to handle this alone. At The Law Offices of Arash Hashemi, we have over 20 years of experience successfully defending clients against DUI charges. Our team understands the serious consequences of these cases, and we are dedicated to protecting your rights, minimizing penalties, and helping you move forward.
The sooner you reach out, the sooner we can begin building a personalized defense strategy tailored to your unique circumstances. Whether negotiating for reduced charges, advocating for alternative sentencing, or aggressively representing you in court, Attorney Hashemi and our legal team will guide you through every step of the process.
Schedule Your Consultation Today
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