Felony DUI Defense in San Jose
Felony DUI charges in San Jose carry severe consequences including state prison time. Our former prosecutor team provides aggressive defense for serious charges.
Former Prosecutors Now Fighting For You
- Extensive Santa Clara County Experience
- Former Prosecutor Insights
- Proven Defense Strategies
Felony DUI in San Jose: Serious Charges Require Serious Defense
Felony DUI charges in San Jose represent the most serious level of drunk driving prosecution. Unlike misdemeanor DUI cases, felony DUI convictions carry state prison sentences, permanent felony records, and life-altering consequences. Whether you're facing charges for a fourth DUI, DUI with injury, or DUI causing death, you need aggressive defense from attorneys who understand the complexities of felony prosecution.
At The H Law Group, our San Jose felony DUI defense attorneys are former Santa Clara County prosecutors who have handled the most serious DUI cases from both sides. We understand how the district attorney's office builds felony DUI cases, and we use that knowledge to mount aggressive defenses that protect our clients' freedom and future.
When DUI Becomes a Felony in California
- • Fourth DUI offense within 10 years (Vehicle Code 23550)
- • DUI causing injury to another person (Vehicle Code 23153)
- • DUI causing death (Watson murder or vehicular manslaughter)
- • Prior felony DUI conviction on record
Severe Consequences of Felony DUI Conviction
Serious Consequences You're Facing
- •16 months to 3 years in state prison
- •Fines up to $5,000 plus penalty assessments
- •4-year driver's license revocation
- •30-month DUI program
- •Felony probation
- •Mandatory ignition interlock device
- •Permanent criminal record
- •Loss of voting rights and gun ownership
Don't face these penalties alone. Our former prosecutor team knows how to challenge evidence and negotiate reduced charges.
Types of Felony DUI Cases We Defend
Fourth DUI Offense
A fourth DUI within 10 years is automatically charged as a felony under Vehicle Code 23550.
- • 16 months to 3 years state prison
- • $390-$5,000 in fines plus assessments
- • 4-year license revocation
- • 30-month DUI program
DUI Causing Injury
DUI with injury under Vehicle Code 23153 can be charged as misdemeanor or felony.
- • 16 months to 16 years state prison
- • Enhanced sentences for great bodily injury
- • Restitution to victims
- • Strike under Three Strikes Law
Aggressive Felony DUI Defense Strategies
How We Fight for Your Rights
Former prosecutor advantage: We know exactly how the prosecution builds their case and where to find weaknesses.
Fighting for Wobbler Reduction to Misdemeanor
Some Felony DUI Charges Can Be Reduced
Certain felony DUI charges are "wobblers" that can be prosecuted as either felonies or misdemeanors. Our former prosecutor experience helps us identify cases where reduction is possible.
Factors Supporting Reduction:
- • Minimal injury to victims
- • Low blood alcohol level
- • No prior serious offenses
- • Cooperation with authorities
- • Completion of treatment programs
Benefits of Misdemeanor:
- • County jail instead of state prison
- • Shorter maximum sentence
- • No felony record
- • Preserve voting and gun rights
- • Better employment prospects
Three Strikes Law and Felony DUI
Serious or Violent Felony Implications
Some felony DUI convictions qualify as "serious" or "violent" felonies under California's Three Strikes Law, leading to enhanced sentences for future offenses.
Strike Offenses Include:
- • DUI causing great bodily injury
- • DUI causing death (vehicular manslaughter)
- • Watson murder (DUI murder)
Future Consequences:
- • Double sentence for second strike
- • 25 years to life for third strike
- • Limited plea bargaining options
Why Former Prosecutor Experience Is Critical for Felony DUI
Complex Legal Knowledge
Felony DUI cases involve complex sentencing laws, enhancement statutes, and constitutional issues that require deep legal expertise.
Prosecution Insights
We know how prosecutors prioritize felony DUI cases and where they're willing to negotiate for reduced charges or alternative sentencing.
Trial Experience
Felony DUI cases often go to trial. Our courtroom experience as former prosecutors gives us the skills to fight for acquittals and reduced verdicts.
Emergency Defense Required - Contact Us Immediately
Felony DUI Defense Cannot Wait:
Immediate Consequences:
- • State prison sentence possible
- • Permanent felony record
- • Loss of constitutional rights
- • Career and housing impacts
Our Emergency Response:
- • Immediate case evaluation
- • Bail and release assistance
- • Evidence preservation
- • Aggressive defense strategy
Related Services
Local Court Information
Santa Clara County Superior Court - Hall of Justice
191 N 1st St, San Jose, CA 95113
Felony DUI cases are prosecuted by the most experienced deputy district attorneys. Our former prosecutor background is crucial for these serious charges.