If the police pull you over when you’re driving after consuming alcohol, they’ll likely give you a breathalyzer. If they find out you’re over the legal limit, they can arrest you. They might consider a felony DUI charge.

We will talk about felony DUI charges in the following article. We will discuss what you should do after your arrest as well.

What is a Felony DUI?

You might hear the term DWI in the court system. That means driving while intoxicated. That’s a serious charge, but if you don’t hurt anyone, and it’s your first offense, it’s often not so bad.

Let’s say you got a DWI charge at some point. You do not learn your lesson, and you drive while under the influence again. If the police catch you a second time, they’ll see you have that prior DWI on your record.

If that prior DWI happened less than ten years before, they can potentially charge you with a felony DUI at that point. Felony driving under the influence usually occurs if you have that previous drunk driving conviction on your record.

A felony DUI gets you a longer prison sentence than a first-time DWI if the judge decides you have not changed your ways. In San Jose, for instance, a felony DUI can get you a four-year prison sentence in some cases.  

You’ll likely get a prison sentence if you didn’t just drive while impaired but also showed additional poor judgment. Maybe you exceeded the speed limit. If you hit another car and injured someone while driving drunk, it becomes more likely that the judge will give you jail time and not just a fine or a license suspension.

Let’s discuss the steps you must take following a felony DUI arrest.

You Must Hire a Reputable Lawyer

First, you must hire a reputable lawyer who handles these cases often. You should find an attorney who knows the law in this area and can prepare your defense.

You don’t want a neophyte attorney. You need someone who can present your case in the best possible light.

They might tell the judge about any mitigating circumstances leading to your arrest. If you drank excessively following your boss firing you from your job or after your spouse divorced you, that might come into play.

You might also have your lawyer portray you as more sympathetic if they can say you have strong community ties. Maybe you do charitable work, or your company helps those in need in some way.

Any way your lawyer can make you appear more sympathetic following your arrest, you should use that strategy. That might keep you out of prison.

Prepare Your Defense

While you prepare your defense with your lawyer, you should take any necessary steps that suggest you’re changing your ways. You might get into AA and attend regular meetings. You shouldn’t drink anymore, and you probably can’t drive, either. Presumably, the judge took your license following your arrest.

You should have proof that you’ve learned your lesson and are turning your life around. That way, the judge might show leniency during your trial.

Figure Out Ways You Might Fight the Charges

As your felony DUI trial approaches, you might also get together with your lawyer and determine whether you can fight the charges in any way. You can always plead guilty and hope the judge shows mercy, but maybe you feel you have other alternatives.

For instance, you might suggest the police arrested you at an unlawful checkpoint. You might challenge the breathalyzer results. Maybe you’ll say you ingested alcohol, but not as much as the results indicated. These situations can happen sometimes.

You might suggest you broke no traffic laws, so the police didn’t have a valid reason for pulling you over. You may even suggest the police have some vendetta against you.

If you go this route, though, you’re taking a risk. You appear less sympathetic to the judge if you fight the charges. On the other hand, if you feel you did nothing wrong, you may think you have little alternative.

One way or another, you will get through your felony DUI trial. The judge might show leniency if you seem contrite and tell them you’re changing your ways. They might take away your license, make you pay a hefty fine, and do some community service.

If you fight and lose, you may face jail time, so keep that in mind.