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San Jose CA felony DUI defense attorneyTypically, a DUI will be classified as a misdemeanor offense when you are charged for your first, second or third DUI. However, there are circumstances that will lead to felony DUI charges usually if there is an “aggravating factor” present. It is important to understand how the specific circumstances alleged by police and prosecutors will affect your legal situation and the kind of penalties you might be facing.

DUI Causing Great Bodily Injury or Death to Another

One of the more common ways that a DUI will be classified as felony charge is by causing bodily injury or death to another person while you are driving. California Vehicle Code Section 23153 states that you do not have to have a certain BAC to be convicted of this felony charge. In order to be charged with this felony, you must have a measurable amount of alcohol in your system while driving and have committed a crime or an act of negligence that caused great bodily injury or death to another person.

Three or More DUI Convictions Within the Past 10 Years

The first three times you are charged with a DUI will more than likely be charged as misdemeanors. In California, there are what are known as “priorable offenses” a priorable offense is one that gets gradually more strict with each conviction. DUI is a priorable offense, so if you get more than three offenses within 10 years, your fourth offense will become a felony.

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fatal DUI accident, San Jose car accident attorneys, drinking and driving, felony DUI, fatal car accidentsDrinking alcohol and getting behind the wheel is a dangerous combination and can lead to car accidents and injuries that can be severe and life threatening. When fatal accidents do occur, it is particularly tragic and tough on surviving family members, especially knowing that it could have easily been prevented. A recent fatal DUI accident involving a female driver in San Jose highlights the potential dangers of drinking and driving and the devastating consequences that can occur as a result.

San Jose Drunk Driver Responsible For Fatal DUI Accident

In late March 2018, the Mercury News reported on a fatal DUI-related accident that involved a San Jose woman and three teenagers on a spring break trip. The crash occurred on I-5 near Los Banos, which killed two of the teens involved, and left the third with serious injuries.

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