Van Nuys Felony DUI Attorney

Table of Contents
Table of Contents
Primary Item (H2)

A felony DUI case in Van Nuys can quickly become a life-changing situation, especially when the incident involves injury, prior DUI offenses, or a high blood alcohol concentration under California DUI laws. These cases often start with a simple traffic stop but can lead to serious legal trouble, including license suspension, a criminal record, and possible prison time in Los Angeles County.

My Rights Law Group helps people in the San Fernando Valley understand their rights and the legal process after DUI charges are brought against them. Our Van Nuys felony DUI attorney provides strong legal representation and builds a defense strategy based on the facts. We work to protect your professional future and guide you through the legal system.

What Makes a DUI a Felony in California?

Not every DUI charge is a felony under California law. A DUI becomes a felony when serious factors are present, such as injury, death, or repeat offenses. These cases often involve more serious felony criminal charges and a greater risk. The legal consequences can include prison time, license revocation, and a lasting criminal record.

Repeat DUI Offenses Within 10 Years

A fourth DUI offense within ten years may be charged as a felony under California Vehicle Code § 23550. This shows a pattern of repeat offender behavior. Courts treat repeat DUI offenders more strictly. Penalties may increase with each offense.

DUI Causing Injury or Harm

DUI cases involving injury are charged under California Vehicle Code § 23153. The prosecution must show that the DUI caused harm. Medical evidence and reports may be used. These cases often lead to harsher penalties.

Prior Felony DUI on Record

A prior felony DUI can increase future charges under California law. This may lead to more severe felony charges. The court may review the person’s criminal record. Repeat offenses may result in harsher punishment.

DUI Accidents Resulting in Death

Fatal DUI cases may lead to charges under California Penal Code § 191.5. These cases involve the most serious legal consequences. They may include long prison terms. The prosecution may seek the harshest possible punishment.

How Prosecutors Build a Felony DUI Case

Felony DUI cases often involve detailed investigations by the prosecuting attorney and law enforcement. Prosecutors must prove impairment and show that it caused harm. Evidence is reviewed carefully during legal proceedings. The goal is to meet the burden of proof in the legal system.

Evidence may include chemical testing results under Vehicle Code 23152 (b). This may involve a breath test, blood tests, or a blood or urine sample. Officers may also use field sobriety test results, such as the horizontal gaze nystagmus test. These results help show blood alcohol content and BAC limits.

Establishing Cause of Injury or Damage

The prosecution must show that the DUI directly caused the injury or accident. This may involve accident reports and medical evidence. The legal process requires a clear connection between impairment and harm. Without this link, the case may be challenged.

Use of Expert Witnesses

Expert witnesses may explain chemical testing, accident details, or impairment. These experts may include forensic specialists. Their testimony may support or challenge the case. This can affect the outcome in a jury trial.

Review of Police Procedures and Reports

Police reports from the Van Nuys Police Department and California Highway Patrol are reviewed carefully. Officers must follow proper procedures during a traffic stop. Issues like lack of probable cause or errors may be challenged. These details can impact the defense strategy.

Your Case Needs A Winning Strategy

Felony DUI Penalties and Sentencing Exposure

Felony DUI penalties are more serious than misdemeanor cases and can affect many parts of life. Courts in Los Angeles County Superior Court consider many factors when deciding penalties. These may include prior DUI offenses, blood alcohol content, and whether controlled substances were involved. The consequences can be long-lasting.

Custody Sentences

Felony DUI may result in a term of 16 months, 2 years, or 3 years under Penal Code § 1170(h). More serious cases may lead to longer prison terms. Some cases may involve state prison instead of county jail. Sentencing depends on the facts.

Financial Penalties and Restitution

Felony DUI fines may reach up to $5,000 under California law. With penalty assessments, the total amount can increase to $10,000 or more. Courts may also order direct restitution for medical bills and property damage. Additional costs may include DUI school, court fees, and ignition interlock device expenses.

License Revocation and Driving Restrictions

The California Department of Motor Vehicles may revoke a driver's license for several years. This may follow a DMV hearing and administrative penalties. Drivers may also need ignition interlock devices before driving again. License suspension can affect daily life and work.

DUI Cases Involving Injury vs. Death

DUI cases involving injury or death are treated more seriously under California DUI laws. The legal system looks at the level of harm and the facts of the case. These cases may involve different charges and penalties.

Understanding the difference is important when facing felony DUI charges.

DUI Causing Bodily Injury

Charged under California Vehicle Code § 23153, this type of DUI involves causing bodily injury to another person while driving under the influence. The prosecution must show that the driver’s impairment directly caused the harm.

Medical records and other evidence may be used to support the claim. These cases often lead to more serious penalties than standard DUI charges.

Gross Vehicular Manslaughter While Intoxicated

Charged under California Penal Code § 191.5(a) when reckless behavior is involved, this offense applies when a person drives under the influence and causes a death through gross negligence.

The court considers whether the driver acted with a high degree of disregard for safety. These cases are treated very seriously in the legal system. A conviction may result in long prison sentences.

Vehicular Manslaughter Without Gross Negligence

Charged under California Penal Code § 191.5(b), this offense applies when a DUI leads to a death, but without extreme reckless behavior. The prosecution must still prove that the driver’s actions caused the fatal outcome.

Even without gross negligence, the penalties can still be severe. These cases often involve a detailed review of the facts.

Watson Murder Charges

In certain cases, DUI fatalities may be charged as second-degree murder under California Penal Code § 187. This is known as a Watson murder charge and usually applies when a driver has a prior DUI history and was warned about the dangers of drunk driving.

The court may find that the driver acted with implied malice. These cases carry the most serious penalties, including life in prison.

Speak To A DUI Lawyer Today

What Happens After a Felony DUI Arrest in Van Nuys

After a DUI arrest in Van Nuys, the legal process begins quickly and may involve several steps in the court system. These steps take place in the Van Nuys courthouse or the Van Nuys courthouse west.

Understanding each stage can help you prepare. Early action can help protect your rights and build a defense.

Arrest and Booking Procedures

After a DUI arrest, the person is taken into custody and brought to a local facility, such as Van Nuys jail, for booking. This process includes recording personal information, taking fingerprints, and listing the charges. Police officers may also collect evidence, such as a breath test or a blood sample. This step begins the formal legal process.

Arraignment and Bail Considerations

At arraignment, the person appears in court and hears the charges brought against them. The judge explains rights and may set bail based on the case details. A bail bonds company may help secure release. The person may also enter an initial plea at this stage.

Preliminary Hearing for Felony Charges

A preliminary hearing is held to decide if there is enough evidence for the case to move forward. The judge reviews the prosecution’s evidence and hears basic arguments. Witnesses may be called to testify. If enough evidence is found, the case proceeds to the next stage.

Pretrial Motions and Negotiations

Before trial, defense counsel may file motions to challenge evidence or legal procedures. The defense and the prosecuting attorney may also discuss plea bargaining. These negotiations may lead to reduced charges or penalties. This stage is important for shaping the outcome of the case.

Trial or Case Resolution

If the case is not resolved earlier, it may go to a jury trial. Both sides present evidence, question witnesses, and make arguments. The jury then decides the outcome based on the facts. Some cases may also resolve through agreements before trial.

How Our Van Nuys Felony DUI Attorney Can Assist Your Case

Our Van Nuys DUI attorney provides strong DUI defense and guides you through every step of the legal process. Our legal team focuses on protecting your rights and building a defense strategy for the best possible result.

  1. Review Evidence: Examine police reports, breath tests, and blood tests for errors.
  2. Build a Defense Strategy: Challenge probable cause, chemical testing, and procedures.
  3. Represent You in Court: Handle legal proceedings in Los Angeles County Superior Court.
  4. Negotiate Plea Agreements: Work on plea bargaining to reduce penalties when possible.
  5. Protect Your Future: Aim to reduce penalties and limit damage to your criminal record.

Frequently Asked Questions (FAQs)

Can a DUI become a felony in California?

Yes. A DUI may become a felony if it involves injury, death, or repeat offenses.

What happens after a DUI arrest in Van Nuys?

You may face booking, court hearings, and a DMV hearing.

Do I need a DUI defense attorney?

Yes. A DUI defense attorney helps protect your rights and build a defense.

Will I lose my driver’s license after a felony DUI?

You may face license suspension or revocation, depending on the case.

Can a felony DUI affect my future?

Yes. It can impact your criminal record, employment, and personal future.

Experience. Strategy. Results.

Schedule a Free Consultation with Our Van Nuys Felony DUI Attorney Today

If you are facing DUI charges or felony criminal charges in Van Nuys or Los Angeles County, our criminal defense lawyer can help. Our DUI attorneys provide strong legal representation and a clear defense strategy for DUI cases.

Our legal team understands California DUI laws and works to protect your rights. Schedule a free consultation today with My Rights Law Group and get support for your case and your future.

This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.

Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.

He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.

With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.

The last modified date shows when this page was most recently reviewed.

schedule a free confidential consultation

Accessibility Toolbar

crosschevron-down