A Rancho Cordova Criminal Defense Attorney on DUI Raised to Felony

Driving under the influence (DUI) is dangerous not just to the driver in question, but also to other drivers, pedestrians, and properties that might get damaged in an accident. This is why Californian cities like Rancho Cordova are strict about implementing DUI laws. Any driver found driving with a BAC (blood alcohol content) reading of 0.08 percent or higher can be charged with DUI. More stringent standards apply for minors and truck drivers.

A DUI charge, when proven in court, has two possible conclusions based on the circumstances of the arrest. Normally, DUI is treated as misdemeanor, though there are instances when it can be classified as a felony. In an article for WiseGeek.com, contributor Felicia Dye discusses the circumstances where a DUI charge can be raised from misdemeanor to felony and the corresponding consequences.

For one, when the driver believed to be driving under the influence has been involved in a serious accident that harmed a pedestrian or another driver, a felony charge is likely to be filed. A felony may also be charged in California if the offender has three or more prior convictions within a 10 years period.

Typical or misdemeanor-classified DUI charges may result in administrative action such as license suspension or revocation. Misdemeanor DUI charges can still put a driver in a county or local jail for up to a year. DUI charges classified as felony, on the other hand, usually result in a state prison term of at least 16 months and often three or more years, depending upon the extent of the injury. When the DUI-related accident results in the death of another person, the driver can be charged with reckless homicide.

Because of the how serious the consequences can be today, you should immediately consult a DUI lawyer from Rancho Cordova if you are facing a DUI charge. A lawyer can help in a variety of ways including challenging the reliability of the test that was performed to prove that either his client was not driving under the influence or something other than DUI caused the accident. A DUI lawyer can help increase the chances of avoiding the dreadful consequences a proven DUI charge can have on the driver’s life.

Even if you are a driver that has been convicted of the crime in the past and have served your sentence you still might want to contact an attorney. The conviction will go on your criminal record and can cause a lot of problems and complications in your life for years. A Rancho Cordova criminal defense attorney may be able to help you obtain a dismissal of the conviction record through the Expungement process. The Chastaine Law Office has a special focus on DUI offenses and record clearance.