What Happens at a Felony DUI Hearing in San Diego? A Step-by-Step Guide
Facing a felony DUI charge in San Diego is overwhelming. Unlike a misdemeanor DUI, a felony conviction can lead to significant jail time, steep fines, and long-term consequences for your personal and professional life. Understanding what happens during a felony DUI hearing can help you prepare and protect your rights.
When Does a DUI Become a Felony in California?
Most DUIs in California are misdemeanors, but some circumstances elevate the charge to a felony. This typically happens if you caused an accident that resulted in injury or death, if you have three or more prior DUI convictions within ten years, if you already have a prior felony DUI on your record, or if your DUI involved aggravating factors such as a high-speed chase or having a minor in the car.
The Arraignment
Your first court appearance after being charged is called the arraignment. During this stage, the judge will read your charges and ask you to enter a plea, guilty, not guilty, or no contest. Bail may also be set or modified at this time. Having an experienced DUI attorney present can make a big difference, as they can argue for a lower bail amount or even request release on your own recognizance.
The Preliminary Hearing
If your case involves injury or death, a preliminary hearing is scheduled to determine whether there is enough evidence for the case to move forward to trial. During this hearing, the prosecutor will present police reports, witness testimony, and chemical test results. Your attorney can challenge the evidence, cross-examine witnesses, and raise doubts about the strength of the prosecution’s case.
Pre-Trial Motions and Plea Bargaining
Before the trial begins, your attorney may file motions to suppress evidence, such as challenging the legality of a traffic stop or the accuracy of a breathalyzer test. This stage is also when plea bargaining often occurs. Depending on the specifics of your case. such as the severity of injuries, your blood alcohol content, and your criminal history, it may be possible to negotiate a reduction from a felony to a misdemeanor.
The Trial
If a plea deal is not reached, your case will proceed to trial. Both the prosecution and defense present their arguments, and a jury or judge decides the verdict. A felony DUI conviction carries severe penalties, including up to three years in state prison (or more if the case involves injury or death), fines ranging from $1,000 to $5,000, license suspension for up to five years, and mandatory DUI education programs. Restitution to victims may also be ordered.
How an Experienced DUI Lawyer Helps
Having the right legal representation can make a significant difference in your case. A skilled San Diego DUI attorney can challenge the accuracy of chemical tests, question police procedures, negotiate for reduced charges, and explore alternative sentencing options like treatment programs or probation.
Final Thoughts
A felony DUI hearing is serious and can have life-altering consequences. The sooner you hire an experienced DUI lawyer, the better your chances of reducing penalties or avoiding a conviction altogether. Don’t wait, contact Rick Mueller, California DUI Lawyers Association Specialist, today for a free consultation.
What Happens at a Felony DUI Hearing in San Diego? A Step-by-Step Guide