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San Diego Criminal Defense Lawyer / San Diego Felony DUI Lawyer

San Diego Felony DUI Defense Lawyer

Skilled Criminal Defense for Serious DUI Felony Charges in San Diego County

Most DUI charges in California are misdemeanors—but not all. Under certain circumstances, a DUI can be charged as a felony, exposing you to harsh penalties, including time in state prison, steep fines, long-term license suspension, and a felony record that can affect your life for years to come. If you’ve been arrested for a felony DUI, the stakes are high, and you need an experienced San Diego felony DUI defense lawyer on your side immediately.

At Anthony Z. Vargas, Esq., Attorney at Law, we fight for people facing the most serious DUI charges. As a former Public Defender in San Diego, Anthony Vargas understands how to take on felony-level prosecutions and defend your rights at every stage. Whether you’re accused of causing injury, have prior convictions, or are facing a felony DUI for another reason, we’re here to help you fight back.

When Is a DUI Charged as a Felony in California?

Most first, second, and even third DUIs are prosecuted as misdemeanors in California. But the law allows prosecutors to file felony DUI charges under certain conditions. These include:

1. Fourth DUI in 10 Years

If you have three or more prior DUI convictions (or “wet reckless” convictions) within the past 10 years, a fourth DUI offense is automatically a felony under Vehicle Code § 23550.

2. DUI Causing Injury

If you’re accused of driving under the influence and causing an accident that injured someone else, you can be charged with a felony under Vehicle Code § 23153. The severity of the charge often depends on how serious the injuries are and whether you have prior DUI convictions.

3. Prior Felony DUI

If you’ve ever been convicted of a felony DUI in the past, any subsequent DUI—regardless of the circumstances—can be charged as a felony under Vehicle Code § 23550.5.

4. Vehicular Manslaughter or Murder

If a DUI leads to a fatal accident, prosecutors may file charges of vehicular manslaughter or even second-degree murder under the “Watson rule,” based on People v. Watson and Penal Code § 187. These are among the most serious DUI-related offenses and can result in life-altering prison sentences.

Penalties for Felony DUI in California

A felony DUI conviction carries significantly harsher penalties than a misdemeanor. The specific sentence depends on the circumstances of your case, but felony DUI penalties may include:

  • 16 months, two years, or three years in state prison
  • Fines and court fees totaling $2,000–$5,000
  • Driver’s license suspension or revocation for up to four years
  • Designation as a Habitual Traffic Offender (HTO)
  • 18- or 30-month DUI education program
  • Formal probation with strict conditions
  • Installation of an ignition interlock device (IID)
  • Felony record affecting employment, housing, and rights

If the DUI resulted in great bodily injury, a sentence enhancement under Penal Code § 12022.7 may add an additional three to six years to your prison term.

In cases involving vehicular manslaughter or DUI murder, penalties can range from several years in prison to 15 years to life depending on the charge and prior history.

The Hidden Consequences of a Felony DUI Conviction

Beyond the criminal penalties, a felony DUI conviction brings lasting consequences that affect nearly every part of your life. With a felony on your record, you could face job loss or difficulty finding employment, loss of professional licenses, ineligibility for certain housing or loans, loss of firearm rights, immigration consequences for non-citizens, and damage to your reputation and relationships.

For many people, the collateral damage of a felony conviction is just as serious as the formal sentence. That’s why it’s critical to fight these charges with everything you’ve got.

Fighting Felony DUI Charges in San Diego

A felony DUI charge doesn’t guarantee a felony conviction. At Anthony Z. Vargas, Esq., Attorney at Law, we thoroughly examine every aspect of your case to find weaknesses in the prosecution’s evidence and fight for the best possible outcome—whether that means dismissal, a reduction to a misdemeanor, or an acquittal at trial.

We look at factors like:

  • Was the traffic stop legal? If the officer lacked probable cause, the stop and any evidence that followed may be suppressed.
  • Were the chemical tests accurate? We examine blood test procedures, storage conditions, lab errors, and chain of custody issues.
  • Was there a violation of your rights? Miranda violations, coerced statements, or unlawful searches can all be challenged.
  • Is this really a felony-level offense? In cases involving minor injuries or questionable priors, we may be able to negotiate a misdemeanor plea.

Our goal is always to minimize the consequences and protect your future.

Felony DUI and Injury Cases: What Makes the Difference?

One of the most common situations leading to a felony DUI charge is when a DUI accident causes injury to another person. But not every crash automatically results in felony charges. In fact, there’s often a gray area between misdemeanor and felony DUI with injury cases.

California law defines DUI causing injury as driving under the influence and violating another traffic law or acting negligently, causing bodily harm. However, whether that’s charged as a misdemeanor or felony depends on factors such as the severity of the injuries, whether the defendant has prior DUI convictions, and whether the conduct was particularly reckless or dangerous.

In many cases, we can successfully argue for a misdemeanor filing or reduction, especially if the injuries were minor, the accident involved shared fault, or the defendant has no prior record.

What to Do If You’re Arrested for Felony DUI in San Diego

If you’re facing a felony DUI charge, the most important thing you can do is stay silent and call a lawyer immediately. Talking to the police or trying to explain yourself will only hurt your case. You have the right to remain silent—and you should use it.

  • Do not answer questions without an attorney present.
  • Do not try to negotiate or explain your side of the story.
  • Request a lawyer right away and invoke your right to counsel.

Time is critical in felony DUI cases. The sooner you get legal representation, the sooner we can get to work protecting your rights and building your defense.

Get Help From a San Diego Felony DUI Defense Lawyer Today

A felony DUI arrest can be terrifying—but it’s not the end of the road. You still have rights, options, and opportunities to fight back. At Anthony Z. Vargas, Esq., Attorney at Law, we defend people throughout San Diego County facing the most serious DUI charges, including felony DUI, DUI with injury, and DUI causing death. We bring the experience, strategy, and determination it takes to get results.

If you’re being charged with a felony DUI in San Diego, don’t wait. Call now and take the first step toward protecting your freedom and future.