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Misdemeanor vs Felony DUI

Misdemeanor vs. Felony DUI in Ventura, CA

If you have ever encountered the term DUI (driving under the influence), you have probably guessed it is an offense. However, since there are offense categories (i.e., felony and a misdemeanor), and if you happen to have DUI charges stacked against you, you might be wondering which is which. Is it a felony or a misdemeanor? A quick overview will help shed some light on misdemeanor vs. felony DUI. 

 A misdemeanor DUI is defined by the California Penal Code as driving under the influence of drugs or alcohol. To define briefly, a felony DUI is when your drunk driving harms a third party in some way. This could mean they were killed, or they could be threatened. Knowing the difference between the two is crucial because different punishments are given for each offense level.

 This is where a DUI defense attorney from Ventura, CA, comes in handy as an attorney will help clear the air on misdemeanor vs. felony DUI and help you get the best possible outcome. 

Top Ventura Misdemeanor vs. Felony DUI Attorneys

The vast majority of Ventura DUI arrests are misdemeanors. However, your DUI charge may be elevated to a felony if the incident leading to your arrest caused a grave injury or death or if you have certain specified prior DUI convictions within the past ten years. DUI convictions can leave a lasting mark on your record and impact your prospects, which is why Ventura misdemeanor vs. felony attorneys are ready to help you get a fresh start.

Strongest Defense is a California DUI law firm that handles misdemeanor DUI and felony DUI cases in Ventura, Oxnard, and Camarillo. An attorney can provide legal advice and personalized strategies to help you navigate your case and can help you understand the California Vehicle Code. If you would like to discuss your Ventura DUI case with a former prosecutor and experienced DUI defense lawyer, please use the link below to contact us and schedule your free consultation.

 

Why Do I Need a Ventura Misdemeanor vs. Felony DUI Attorney?

Facing misdemeanor and felony charges in Ventura, CA, is no light matter. You will be charged with misdemeanor DUI for each of your first three offenses in ten years, provided that none involve accidents resulting in severe injury or death. However, the minimum penalties increase with each additional DUI offense

A blood alcohol level of 0.08 percent and above is a violation of the California Vehicle Code. In most Ventura misdemeanor DUI cases, first-time offenders spend 48 hours in jail. Prosecutors may seek up to ten days’ jail time in cases involving accidents or extremely high levels of intoxication.

In terms of misdemeanors, second DUI offenders typically face 30 to 60 days in jail, and third-time offenders usually face up to around 180 days. If you are facing criminal charges, it is best to contact a public defender or a Ventura, CA, criminal defense attorney from 

Strongest Defense, who is available anytime to lend a helping hand in your legal case. 

An attorney can provide the following for you: 

  • Round-the-clock legal assistance. David Lehr Law is available to take in legal concerns 24/7/365 via phone. 
  • Access to your case via the database. View the status of your felony or misdemeanor case using the online database. 
  • Quick responses daily. The team never leaves without attending to your legal needs. You come first in our law firm. 

Get in touch with the best Ventura, CA, misdemeanor vs. felony attorneys from David Lehr Law, who can provide personalized solutions to your legal problems. A criminal defense lawyer can also provide clarity involving the various aspects of your case to reach the best possible result working in your favor. Schedule an appointment with a DUI lawyer from a reputable Ventura law office right now!

 

What is Misdemeanor vs. Felony DUI?

Driving under the influence, or DUI, be it of illegal substance or alcohol, can be charged as a felony or a misdemeanor. If you pose a danger to your surroundings because of your intoxicated driving, then it counts as a felony. If not, it will be charged as a misdemeanor. 

To ensure you understand the crime you are involved in, contact a Ventura, CA, misdemeanor vs. felony DUI attorney from David Lehr Law. An attorney can offer you the sound guidance you need to make it through your case. 

 

What is the Difference Between a Misdemeanor and a Felony?

Felonies are some of the most severe crimes and usually carry a sentence of more than a year imprisonment. Examples of felonies include murder, rape, and the sale of illegal drugs. 

Misdemeanors are less severe crimes and usually carry the punishment of up to a year in county jail. Common misdemeanors include shoplifting, drunk driving, assault, and the possession of an unregistered firearm. Offenses that are misdemeanors for a first offense can become felonies for second offenses. Probation is often the consequence for misdemeanors since they are much lighter compared to felonies. This would only require you to comply with particular terms and report to a probation officer. 

Some crimes can be charged either as a felony or a misdemeanor. These are called “wobblers.” For example, attacking someone can sometimes be charged as either a felony or a misdemeanor, depending on the severity of the injury and the intent of the offender. Prosecutors, including the district attorney, often decide which charge to give after they review these factors. A judge generally reduces a felony charge to a misdemeanor if more evidence is presented.

 

Felony DUI in Ventura, Oxnard, and Camarillo 

Whereas a Ventura misdemeanor DUI can either result in 3-5 years probation for a third DUI or up to a year in jail,  a Ventura felony DUI is punishable by a potentially lengthier sentence in California state prison.

There are a couple of factors that can make a Ventura DUI a felony:

  •  In connection with your DUI, if you caused an accident that resulted in death or serious bodily injury to somebody other than yourself, you will be facing felony DUI charges. 
  • If you have three DUI convictions below ten years old, any subsequent DUI will be charged as a felony. 
  • If you have a previous felony DUI conviction, then any subsequent DUI within ten years will also be charged as a felony.

Ventura County’s law enforcement is unforgiving when it comes to charging for DUIs, and often cases involving misdemeanor DUIs will initially be charged as felonies following the DUI arrest process in Ventura

If this happens to you, hire a competent Ventura DUI attorney. At Strongest Defense, our Ventura and Oxnard drunk driving lawyers will fight to get your felony DUI charges reduced, if not dropped entirely.

 

California DUI Lawyer for Felony and Misdemeanor DUIs in Ventura, Oxnard, and Camarillo

It is crucial to distinguish between a felony DUI and a misdemeanor DUI. For starters, it is a misdemeanor if you do not pose a danger to others. If the opposite is true, then it is a felony. A felony DUI charge is often a lot graver than a misdemeanor. However, both can spell a disaster regarding your criminal record and prospects. This is where you will need the assistance of Ventura, CA, criminal defense lawyers. 

 

If you are facing DUI charges in Ventura County, you need the representation of an experienced and local DUI defense lawyer. To schedule a free consultation about your felony or misdemeanor DUI in Ventura, Oxnard, or Camarillo with Strongest Defense, contact us today!

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