San Diego Felony DUI Attorney

The felony DUI.

The lights are flashing. The wail of a siren draws up behind you on the road. You pull off at the side of the road and think, “Oh, X#$%! How much did I drink? How long has it been?”

It’s times like these when you need an experienced felony DUI attorney who knows how the system works. The Law Offices of Elliott N. Kanter are here to help you. When you are charged with driving under the influence (DUI) there are two different proceedings: the Department of Motor Vehicles (DMV) and the court. We will help you deal with both.

Preserve your freedom. Call the Law Offices of Elliott N. Kanter at 619-330-5881
for a no-cost, no-obligation consultation.

The difference between misdemeanor and felony.

When you are charged with driving under the influence of alcohol, it’s usually considered a misdemeanor offense. In fact, when facing your first, second, and third DUI case, it’s still considered a “simple DUI.” The stakes for a felony DUI are much higher and penalties often involve jail time or a suspended license.

A misdemeanor DUI becomes a felony offense if specific conditions apply:

The worst thing you can do is delay in securing legal representation.

1.  Your DUI caused a personal injury accident or a death. When another person suffers injury or death, you can be charged with driving under the influence causing injury, DUI vehicular manslaughter, or DUI second-degree murder.

2.  You have multiple prior convictions. Driving under the influence is known as a “priorable” offense. That is, every time you are convicted for the same or similar offense, the penalties are stiffer. So if you have three or more prior DUIs or California “wet reckless” convictions within the last 10 years, you will be charged with a felony conviction.

3.  You have at least one prior felony DUI conviction. If you were previously charged with a felony DUI and this is a simple DUI, you will still be charged with a felony DUI.

What happens when you are charged with a felony DUI?

The pink slip.
Your license will be taken away and you’ll receive a pink slip known as a “Order of Suspension and Temporary License.” This pink skip is a temporary license and also states that unless an Administrative Per Se (APS) hearing is scheduled at your local DMV office within ten days of the arrest, your license will automatically be suspended. The Law Offices of Elliott N. Kanter will schedule your hearing and present on your behalf that you were not driving under the influence. You have a right to elect either an in-person or telephone hearing. When this is done, the license suspension is postponed pending the outcome of the APS hearing.

At the APS hearing.
In order for the DMV to suspend your license, each one of these conditions must be met. The Law Offices of Elliott N. Kanter will review everything to prove that at least one, if not all three, of these conditions apply to your case.

1.  Was there probable cause for the officer to stop you? Did you violate any laws?

2.  Did the police officer notice enough details to make a lawful arrest?

3.  Was your blood alcohol content (BAC) at the time .08 or greater?

Your court date is set.
When you are released from custody, you will find a date at the bottom of your citation.

At the arraignment.
If you are charged with a felony DUI, you will be expected to appear at each court hearing, including the arraignment. At the arraignment, the Law Offices of Elliott N. Kanter will:

• Be given a copy of the complaint against you.
• Obtain the initial discovery packet which normally consists of a police report, any breath/blood test results report, and a copy of your driving record.
• Enter a plea of “not guilty” on your behalf.
• Set a pre-trial date to begin negotiating your case with the District Attorney (DA)’s office.

What happens at the pre-trial?

Pre-trial conferences occur between your lawyer and the deputy District Attorney. This is an opportunity to negotiate with the DA, and sometimes a good deal can be worked out before you have to go to trial. The Law Offices of Elliott N. Kanter will work hard for you. We prefer not to go to trial, as your case can often be negotiated. But if we have to go to trial, we are prepared to do so.

Why you need an experienced felony DUI lawyer on your side.

Being charged with a felony DUI is a stressful experience. But we urge you to not just plead guilty and accept a punishment. A skilled San Diego felony DUI attorney can make all the difference. Please don’t hesitate to call the Law Offices of Elliott N. Kanter at 619-698-5870 for a no-cost, no-obligation consultation. We’ll work with you so you can keep your license and stay out of jail.