Most DUI charges in Modesto are classified as misdemeanors meaning you can spend up to a year in jail. It also means you have a right to go to jury trial and fight the charges, just like a felony. Your fourth DUI within a 10 year period will be charged as a felony along with any DUI that causes injury to a person. The injury can be to anyone but yourself, including one of your passengers. If the person that gets injured happens to be a friend that doesn’t want to press charges, tough luck. The Modesto DA’s office is going to charge the driver with a felony regardless of what any of the witnesses want.

If you or someone you know has been arrested and charged with a misdemeanor or felony Dui, Call Modesto DUI attorney Ben Roberts. An experienced DUI attorney can sometimes drop a felony DUI to a misdemeanor.

Dropping the Felony DUI to a Misdemeanor-Modesto, CA Attorneys

If you were charged with a felony because you have 3 prior DUI’s, then your lawyer must review all prior DUI pleas and look for constitutional violations or other holes. If the Modesto DA’s office can’t prove one of the DUI priors either because they are unconstitutional or incomplete, then you can probably get your DUI dropped down to a Misdemeanor. This would obviously be a huge benefit. If you were charged with a Felony DUI because there was bodily injury caused to someone else, then your Modesto DUI attorney MUST investigate all the injuries to make sure they fit within the meaning of bodily injury as required by the California Vehicle Code. If not, then you should get your felony DUI dropped to misdemeanor.

Misdemeanor vs. Felony DUI Charges in Modesto, CA

A felony is a much more serious offense than a misdemeanor. With either a felony or misdemeanor you can go to jail, but with only a felony can someone go to prison. A sentence must be at least one year for someone to go to prison. That means for every felony you can get at least one year in state prison, including a felony dui. In fact, a fourth DUI or a DUI with bodily injury can get you up to 3 years in prison. If the injury is considered to be “serious bodily injury” then you can get another 3 years in state prison. If you are under the influence of alcohol and you kill someone you can be charged with manslaughter and sometimes even murder. Manslaughter may get a driver from 4 to 10 years while murder can get someone life.

Lawyer Handling Felony DUI cases in Modesto, CA

If you have been charged with a Felony DUI, then you can’t afford not to hire the best. Undefeated DUI trial attorney Ben Roberts will thoroughly handle your case and get you the best deal possible. Call today for a free consultation.