Orange County DUI Lawyer Blog
Costa Mesa Police Department recently conducted a sobriety checkpoint on Newport Boulevard and Flower Street. Four drivers were arrested on suspicion of driving under the influence of alcohol or drugs. The State of California, Office of Traffic Safety funds these checkpoints, by way of a grant, which are being conducted on a regular basis all over Orange County, California.
DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced drunk driving defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor.
A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.
A good Orange County California DUI Defense Attorney will be familiar with the variety of defenses available to someone who is being charged with DUI or Felony DUI. Some of the obvious legal defenses to felony DUI are challenging the underlying DUI. The appearance of being under the influence can be the same as fatigue and/or certain types of illnesses. Challenging the validity of the breath or blood test results and challenging police procedures and/or police misconduct. Other defenses might be that your negligence was not the actual cause of the injuries, but that there was something other than your intoxication or negligence that caused the accident and/or injuries.
Anyone charged with misdemeanor DUI or Felony DUI, should seek to hire an experienced DUI Defense Attorney, specializing in Drunk Driving Defense. An experienced Orange County, CA DUI defense lawyer should aggressively pursue and develope a strategy to defend your felony (or misdemeanor) DUI case and work to minimize all the negative consequences.
If you would like to know more about Felony DUI, Misdemeanor DUI or Minor DUI charges, contact Orange County Criminal Defense Attorney, William M. Weinberg at his Irvine, CA office at 949-474-8008 or at www.williamweinberg.com.