A first time DUI may be filed as a felony if the defendant causes personal injury to another person that is more than minor. A felony conviction carries with it potentially serious penalties including a State Prison sentence if the injuries caused are serious. Most people charged with a felony DUI in Los Angeles are primarily concerned with avoiding a lengthy jail or prison sentence, however DMV ramifications are also important.
Following an arrest for DUI in California, it is important to contact the Driver Safety Office of the DMV within ten days of the arrest to request a stay of suspension and a DMV hearing. This procedure applies equally to felony DUI arrests. The potential suspension for a first time arrest is still four months with the option to apply for a restricted license after thirty days. At the APS hearing a misdemeanor and felony DUI arrest are treated the same. However, a felony conviction for a 23153 DUI will result in a mandatory one year suspension without any early re-instatement. In addition, in Los Angeles County, the DMV will also require proof of installation of an Ignition Interlock Device in any vehicle owned or operated by the Licensee before re-instatement after one year. The period of installation required is one year. The only way to avoid this consequence is to successfully negotiate a reduction to a misdemeanor 23152 DUI. It is worth noting that even a misdemeanor 23153 DUI alleging injury leads to the longer one year license suspension and one year IID requirement.
If you have been arrested for a felony DUI in Los Angeles County, please call felony DUI lawyers Gold and Witham for a free case evaluation.