Felony DUI in Marin County | Brownstein Law Group, PC

Experienced Marin County DUI Attorney for Felony DUI Cases

While driving under the influence (DUI) is a misdemeanor in most cases, some DUI arrests can lead to felony charges. These are serious charges that can have life-changing consequences, so it is critical that you fight to protect yourself by all means available. This starts with putting an experienced Marin County DUI attorney on your side.

Our attorneys have the experience required to effectively handle felony DUI cases in Marin County. We will thoroughly examine the facts of your case to determine what defenses apply, and then we will fight to help you avoid unnecessary consequences by all means available. While we can’t make any promises about the outcome of your case, what we can promise is that we will do everything in our power to protect you.

When is a DUI a Felony in California?

A DUI arrest can lead to a felony charge in four circumstances under California law. If you are facing a felony DUI charge in Marin County, this means that you are being accused of one (or more) of the following:

A Fourth DUI Within 10 Years – If you have three prior DUI convictions from the past 10 years, you can be charged with a felony DUI for your fourth arrest. Under California law, “wet reckless” convictions and out-of-state DUIs (and comparable offenses like OUI and OWI) count as prior offenses in fourth DUI cases.
A Prior Felony DUI Conviction – If you have a prior felony DUI on your criminal record, then any subsequent DUI can also be charged as a felony under California law. This is true even if your felony DUI is your only prior offense, and it is true regardless of the seriousness of the current allegations against you.
Causing an Accident Resulting in Injury – If you are being accused of causing an accident resulting in injury while driving under the influence of alcohol or drugs, this can also provide grounds for prosecutors to pursue a felony DUI charge. In this scenario, you do not need to have any prior DUIs on your record, and you can face a felony DUI charge regardless of your blood alcohol concentration (BAC).
Causing an Accident Resulting in Death – Causing a fatal accident while driving under the influence is also a felony offense in California. Here too, your prior record (if any) and your BAC are irrelevant to prosecutors’ ability to pursue felony charges. Regardless of the other circumstances of your case, if you are being accused of causing an accident resulting in death, you can be charged with a felony DUI.

In cases involving fatal alcohol and drug-involved accidents, prosecutors in Marin County can pursue other felony charges as well. For example, if you are being accused of causing an accident resulting in death, you could also be facing a charges of:

DUI Vehicular Manslaughter – Prosecutors can pursue vehicular manslaughter charges in cases involving allegations of negligence behind the wheel.
DUI Gross Vehicular Manslaughter – If prosecutors are accusing you of “gross negligence” (as opposed to “simple negligence”), you could be facing a charge for gross vehicular manslaughter.
DUI Second-Degree Murder – Accusations that you acted with “malice aforethought” or “implied malice” can lead to a second-degree murder charge in DUI cases involving fatal accidents.

Driving under the influence can be enough on its own to support negligence allegations in vehicular manslaughter cases, while engaging in especially risky behavior can lead to allegations of gross negligence. Regarding “malice aforethought” and “implied malice” in second-degree murder cases, prosecutors will typically seek to prove these by arguing that either: (i) you acted with conscious disregard for human life (i.e., that you intentionally drank and then drove dangerously); or, (ii) you understood the risks of drinking and driving as a result of a prior DUI conviction.

In all felony cases, understanding the specific allegations (and charges) against you is the first step toward building a defense strategy. When you hire a Marin County DUI attorney at our firm to represent you, your attorney will work quickly to investigate your case and determine what evidence prosecutors have in their possession. Once your attorney has a clear and comprehensive understanding of the facts of your case, then your attorney will be able to determine what defenses you can use to target a favorable plea deal or fight your felony DUI case in Marin County court.

What Are the Penalties for a Felony DUI in California?

Felony DUI charges carry steep penalties under California law. If convicted of a felony DUI in Marin County, you could face penalties including:

Sixteen months to three years of prison time
Three to five years of probation
More than $10,000 in fines, assessments, costs and fees
Driver’s license suspension or revocation
Mandatory DUI School attendance for 30 months
Mandatory ignition interlock device (IID) installation
Designation has a “habitual traffic offender” by the DMV

If you are being charged with vehicular manslaughter, gross vehicular manslaughter or second-degree murder in connection with a fatal accident, you could be facing anywhere from 16 months to 25 years of prison time. These charges carry additional fines and other penalties as well. These charges also count as a “strike” under California’s three strikes law, which imposes up to a life sentence for a third qualifying felony conviction.

Along with these penalties, felony DUI convictions can have other life-altering consequences as well. These include consequences related to your career and finances, as well as education, custody and immigration-related consequences, among others. Fighting to ensure that the consequences of your felony DUI arrest are no greater than necessary requires experienced legal representation—and it is important that you hire a Marin County DUI attorney to start working on your defense as soon as possible.

Understanding the Importance of Working with an Experienced DUI Defense Attorney

If you are facing a felony DUI charge in Marin County, there are several ways an experienced defense attorney can help you. Here are just some of the reasons why it is important to have an experienced Marin County DUI attorney representing you:

1. You Need to Know What Evidence Prosecutors Have Against You

Any time you are facing any type of serious criminal charge in Marin County court, you need to know what evidence prosecutors have against you. Your attorney can request and review this evidence for you, and then your attorney can use the insights gained from this process to assess the likelihood that prosecutors will be able to secure a felony conviction at trial.

2. You Need to Know What Other Evidence is Available

Along with knowing what evidence prosecutors have in their possession, you also need to know what other evidence is available. For example, if there is evidence that calls the validity of the allegations against you into question, this is something you need to know. Likewise, if there is evidence that the police or prosecutors have violated your constitutional rights, this could provide a defense in your felony DUI case as well.

3. You Need to Build a Comprehensive and Cohesive Defense Strategy

Defending against felony DUI charges requires a comprehensive and cohesive defense strategy. An experienced Marin County DUI attorney will be able to use the evidence that is available—and any gaps in the prosecution’s case—to build a defense strategy that is designed to protect you to the fullest extent possible.

4. You Need to Make Informed Decisions About How to Approach Your Felony DUI Case

While you can (and should) rely on your attorney to build your defense strategy, it is up to you to decide how you want to approach your felony DUI case. Broadly speaking, you have two options: (i) seek a plea bargain that avoids the harshest possible consequences of a felony DUI conviction; or, (ii) fight your felony DUI case in court. Your attorney will give you the advice you need to make an informed decision, but this is ultimately your decision to make. Likewise, if a plea bargain is on the table, it will be up to you to decide whether to accept.

5. You Need to Fight for Your Future By All Means Available

Given the substantial and life-altering consequences of a felony DUI conviction in California, you need to fight for your future by all means available. Hiring an experienced Marin County DUI attorney will help maximize your chances of avoiding unnecessary consequences. To ensure that you do not make any mistakes that could jeopardize your defense, you should schedule a free consultation as soon as possible.

Discuss Your Felony DUI Case with Attorney Josh Brownstein in Confidence

Are you facing a felony DUI charge in Marin County? If so, we strongly encourage you to contact us for a free consultation right away. To discuss your case with experienced Marin County DUI attorney Josh Brownstein in confidence as soon as possible, call Brownstein Law Group, P.C. at 415-965-6183 or contact us online now.