Felony DUI Lawyer in Torrance

Defending Your Freedom & Future from DUI Charges in California

At Law Offices of J. Patrick Carey, we understand the gravity of facing a felony DUI charge. Your freedom and future are at stake, which is why we are committed to providing comprehensive legal defense strategies tailored to your unique situation. Our team, led by Pat Carey, uses extensive legal knowledge and hands-on experience to support your case effectively.

When you’re charged with a felony DUI in Torrance, the complexity of the legal system can be intimidating. Our firm’s strategic approach involves a thorough examination of every element of your case, from arrest procedures to evidence handling. 

We focus on identifying any procedural missteps or rights violations that could work in your favor, offering a layer of defense that leverages both meticulous legal research and practical insights gained from Pat Carey's distinguished career.

Facing a felony DUI charge? As former prosecutors and Certified Criminal Law Specialists, we are available 24/7. Contact a felony DUI attorney in Torrance now by calling (310) 695-1118 or reaching out online.

Understanding Felony DUI Laws in California

In California, a DUI can be elevated to a felony charge under specific circumstances. A standard DUI is a misdemeanor, but the law has clear provisions for when the charge becomes a felony. The key to a felony DUI is not just the act of driving under the influence but the presence of aggravating factors that increase the severity of the offense. 

The primary ways a DUI can become a felony in California are:

• Repeat Offenses: If a person is convicted of a fourth DUI within a ten-year period, the charge is automatically elevated to a felony under Vehicle Code § 23152.
• DUI Causing Injury: If a person, while driving under the influence, causes an injury to another person, the charge can be filed as a felony under Vehicle Code § 23153. A DUI that causes "great bodily injury" to another person is automatically a felony and is considered a "strike" under California's Three Strikes Law.
• Vehicular Manslaughter While Intoxicated (PC § 191.5): If a DUI results in the death of another person, you could face this felony charge. The penalties for this offense are severe, with a potential prison sentence of up to 10 years.
• "Watson Murder" (PC § 187): In some cases where a DUI results in a death, a person with a prior DUI conviction can be charged with second-degree murder. This is the most serious DUI-related charge, and a conviction can result in a prison sentence of 15 years to life.

A knowledgeable Torrance felony DUI lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties of a Felony DUI Conviction in California

A conviction for a felony DUI is a life-altering event. The legal penalties can be severe, and the collateral consequences can be even more devastating, creating barriers that can feel impossible to overcome. 

The direct legal penalties for a felony DUI conviction in California are steep and can include:

• Incarceration: Jail or state prison time, ranging from a mandatory 120 days in jail for a third misdemeanor offense to a maximum of three years in state prison for a felony. For an aggravated DUI causing great bodily injury, a consecutive prison sentence of up to six years can be added.
• Fines: Fines can be substantial, often reaching into the thousands of dollars.
• Probation: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions.
• License Suspension: Your driver's license will be suspended for a mandatory minimum of one to five years, depending on the number of prior convictions and the circumstances of the offense. When you are able to drive again, you will be required to install an ignition interlock device (IID) on your vehicle.
• Mandatory Programs: The court will order you to attend a DUI school for a period of up to 30 months.

Collateral Consequences

A criminal record for a felony DUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The California Criminal Defense Process for Felony DUI Charges

The legal process following a felony DUI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. 

We are an aggressive Torrance felony DUI lawyer who understands the intricacies of the California legal system.

• Investigation and Arrest: The process begins with a traffic stop where the officer looks for signs of impairment. Remember, you have the right to remain silent and, in some cases, the right to refuse certain tests.
• The DMV Hearing: A DUI charge triggers two separate cases. You have a critical 10-day deadline to request a hearing with the DMV to challenge the automatic suspension of your driver's license.
• Arraignment and Preliminary Hearing: A felony DUI charge will be filed in superior court, and a preliminary hearing will be held to determine if there is enough probable cause to send your case to trial. This is a critical opportunity for us to cross-examine police officers and witnesses and to challenge the state's evidence early in the process.
• Discovery: We review all of the prosecution's evidence, such as police reports and dashcam footage, to find any weaknesses or inconsistencies.
• Pre-Trial Motions and Plea Negotiations: We review all of the prosecution's evidence, such as police reports and dashcam footage, and file pre-trial motions to challenge the evidence.
• Trial and Sentencing: If you are convicted, we will present mitigating evidence and arguments during sentencing to seek the most lenient sentence possible.

Building a Strategic Defense for Felony DUI Charges in Torrance

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. 

As a seasoned Torrance felony DUI lawyer, we will leverage every possible defense, including:

• Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
• Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
• Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
• Disputing Causation: In an aggravated DUI case, we can argue that your driving was not the direct cause of the injuries, or that the injuries were not as severe as the prosecution claims.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Challenging Prior Convictions: The state must prove that your prior convictions are valid. If we can challenge the validity of a prior conviction, it may prevent the enhancement of your current charge.

Why Trust Law Offices of J. Patrick Carey with Your Felony DUI Case

Clients repeatedly choose us for our proven track record and personalized service. Pat Carey's status as a Board Certified Criminal Law Specialist—an accreditation held by a select few—alongside his prosecution background equips us to anticipate and effectively counter the strategies used by the prosecution.

The decision to engage our firm signifies more than just hiring legal counsel; it’s about partnering with a team dedicated to fostering trust and communication. From the moment you contact us, you become our priority.

Additionally, our firm values technological advancement in both case management and courtroom presentation, ensuring our defense strategies are not only legally sound but compelling in their delivery. By utilizing cutting-edge technology and thorough fact-finding processes, we endeavor to construct a narrative that vividly illustrates the contextual truths of your case, reinforcing our commitment to justice and your defense.

Contact Us for a Personalized Legal Consultation

Facing a felony DUI charge can be daunting. At Law Offices of J. Patrick Carey, we are here to alleviate your stress and provide clarity. Our commitment to you involves diligent representation, immediate response to all inquiries, and a strategic approach catered to achieving the best outcome possible.

Contact us online today at (310) 695-1118 for a confidential consultation. Together, we can navigate the legal complexities and safeguard your future with confidence.

Frequently Asked Questions

How can Law Offices of J. Patrick Carey help with my felony DUI case?

We build a defense tailored to your situation, investigate thoroughly, challenge weaknesses in the prosecution’s case, and prepare you for every step of the process.

What should I do if I am arrested for a felony DUI?

Stay calm, avoid self-incrimination, and seek legal representation immediately. Contact Law Offices of J. Patrick Carey to protect your rights and begin building a defense.

Will a felony DUI conviction affect my employment?

Yes, a conviction can impact job opportunities, professional licensing, and education. A strong legal defense can help reduce these risks.

Can a felony DUI be reduced to a misdemeanor?

In some cases, a skilled attorney may negotiate to reduce a felony DUI to a misdemeanor, depending on the facts and your criminal history.

Will I lose my driver’s license after a felony DUI?

A felony DUI often results in a license suspension or revocation. However, you may be eligible for restricted driving privileges with legal help.

Does a felony DUI count as a “strike” under California’s Three Strikes law?

If the DUI caused serious injury or death, it can count as a strike, leading to harsher sentencing for future convictions.

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