Felony DUI Defense in California
If you've been arrested for a Felony DUI in California, you are facing one of the most serious criminal charges under state DUI laws. A felony DUI conviction can result in years in state prison, loss of your driver's license, and a permanent criminal record that affects your career, family, and future.
At Walia Law Firm, our experienced California DUI lawyers have successfully defended hundreds of DUI cases across the Bay Area, including felony-level charges involving injury, prior convictions, and commercial drivers. We understand what's at stake - and we fight to protect your rights, your freedom, and your livelihood through coordinated DMV hearings, sentencing mitigation, and immediate consultations.
When a DUI Becomes a Felony in California
Most DUI cases in California are charged as misdemeanors. However, prosecutors can elevate the charge to a felony DUI under certain circumstances:
- Fourth DUI within 10 years – If you have three or more prior DUI or "wet reckless" convictions in the past 10 years.
- DUI causing injury or death – If your alleged impaired driving caused bodily harm or death to another person (Vehicle Code §23153 or §191.5). Review the nuances on our DUI with injury and vehicular homicide pages.
- Prior felony DUI conviction – Any subsequent DUI after a felony DUI conviction is automatically charged as a felony.
A felony DUI lawyer in California can analyze your case to determine whether the prosecution's evidence supports a felony filing or if it can be reduced to a misdemeanor or wet reckless.
Penalties for Felony DUI in California
The penalties for felony DUI are severe and vary depending on the facts of the case:
| Type of Felony DUI | Potential Penalties |
|---|---|
| Fourth DUI (10 years) | Up to 3 years in state prison, 4-year license revocation, DUI school, fines up to $10,000 |
| DUI causing injury (VC 23153) | 2–4 years in state prison, additional 3–6 years for great bodily injury, possible strike under California's Three Strikes Law |
| DUI causing death | Charged as vehicular manslaughter while intoxicated or second-degree murder (Watson Murder), carrying 15 years to life in prison |
| Commercial driver DUI | License disqualification for 1 year (or for life with a second offense), serious employment impact for truck drivers and CDL holders |
In addition, a felony DUI conviction can result in probation restrictions, mandatory installation of an ignition interlock device (IID), and increased insurance premiums. See our IID resource for compliance steps.
Understanding Watson Murder Cases
In the most serious felony DUI cases involving death, prosecutors may file Watson Murder charges. This occurs when:
- A defendant has prior DUI convictions and received a "Watson advisement"
- The defendant was informed that DUI driving is dangerous to human life
- A subsequent DUI results in someone's death
- Prosecutors argue the defendant acted with "implied malice"
Watson Murder carries a sentence of 15 years to life in prison, making aggressive defense absolutely critical.
Three Strikes Law Implications
Certain felony DUI convictions count as "strikes" under California's Three Strikes Law:
- DUI causing great bodily injury qualifies as a violent felony strike
- A second strike doubles the prison sentence
- A third strike can result in 25 years to life in prison
- Strike convictions affect parole eligibility and sentencing for future cases
Defending Against a Felony DUI Charge
Our Bay Area DUI defense attorneys use advanced strategies to challenge felony DUI cases, including:
- Challenging the legality of the traffic stop or arrest
- Reviewing the accuracy of blood and breath test results
- Analyzing field sobriety test procedures
- Examining whether the injury or accident was caused by impairment
- Negotiating reductions from felony to misdemeanor
- Seeking alternative sentencing such as rehab or work release
Every case is unique - and early intervention by a skilled DUI defense lawyer can make a life-changing difference.
Alternative Sentencing Options
Even in felony cases, prison time isn't always inevitable. Experienced attorneys can pursue:
- Residential alcohol treatment programs
- Electronic monitoring with home confinement
- Community service in lieu of incarceration
- Work release programs
- Mental health court diversion
What to Do After a Felony DUI Arrest
- Do not speak to police without an attorney present.
- Request a DMV hearing within 10 days of your arrest to challenge your license suspension.
- Contact a California DUI lawyer immediately to start your defense strategy.
- Preserve all evidence and documentation related to your case.
- Consider proactive steps like alcohol treatment enrollment.
The sooner you act, the better your chances of reducing or even dismissing the felony charges.
Why Choose Walia Law Firm for Felony DUI Defense
- Over 20 years of criminal defense experience in California
- Proven record of reduced and dismissed DUI charges
- Deep understanding of California Vehicle Code and DUI science
- Personalized representation for commercial drivers, repeat offenders, and accident-involved DUIs
- Serving San Francisco, San Jose, Oakland, Fremont, and the greater Bay Area
If you are a truck driver, rideshare driver, or professional license holder, your career depends on how your case is handled. Our truck driver DUI attorney in the Bay Area can fight to preserve your CDL and your ability to work.
Areas We Serve
Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and surrounding areas.
