Felony DUI Defense in Los Angeles
When a DUI Charge Becomes a Felony
Most DUI arrests in California are filed as misdemeanors under Vehicle Code 23152. Two circumstances change that: a DUI that causes bodily injury to another person, charged under Vehicle Code 23153, and a fourth DUI within 10 years or any DUI following a prior felony DUI conviction. When either applies, you’re facing state prison exposure, not county jail, and a record that can follow you permanently.
At Stein & Markus, we represent clients at every stage of a felony DUI case, from the initial arrest and arraignment through the preliminary hearing and trial. The earlier we’re involved, the more options we have.
If you’ve been arrested on felony DUI charges in the Los Angeles area, contact Stein & Markus immediately at (562) 512-7030. We’re available 24/7 and offer free initial consultations.Why a Former Prosecutor Belongs on Your Defense Team
Joseph A. Markus spent 33 years as a Deputy District Attorney for Los Angeles and Orange County before joining our defense team. He knows how DAs evaluate the charging decision that matters most in these cases: whether to file a DUI-with-injury or repeat-DUI case as a felony or a misdemeanor. Vehicle Code 23153 is a wobbler offense, meaning the prosecution has discretion. That decision is where we look first.
Our attorneys bring more than 75 years of combined criminal defense experience to these cases. Andrew Stein has defended clients in death penalty proceedings and secured sentences less than death. We also handle federal criminal charges alongside state matters, so jurisdiction doesn’t limit what we can do for you.
Vehicle Code 23153: DUI Causing Injury
Under Vehicle Code 23153, it’s a crime to drive under the influence and, through that conduct, cause bodily injury to another person. Subsection (a) covers impairment-based DUI causing injury; subsection (b) applies when a driver with a BAC of 0.08% or higher causes injury. To convict, prosecutors must prove both elements: that the driver was impaired and that the driver’s conduct caused the accident and the resulting injuries.
This charge is a wobbler. The prosecution can file it as a misdemeanor or a felony, weighing the severity of injuries, the number of victims, and the driver’s prior record. That discretion creates a real opening for early defense intervention. We challenge every aspect of the prosecution’s case, including the charging decision itself.
Fourth DUI & Prior Felony DUI Convictions
A driver charged with a fourth DUI within 10 years faces felony prosecution under Vehicle Code 23550, even when no accident or injury is involved. A driver who already carries a prior felony DUI conviction faces felony charges on any subsequent DUI under Vehicle Code 23550.5, regardless of the new offense’s circumstances. A felony conviction under these provisions carries a state prison sentence of 16 months, two years, or three years, along with fines and license revocation. The charging decision happens before arraignment, and that’s where we work to intervene on your behalf.
Consequences Beyond Incarceration
A felony DUI conviction reaches further than a prison sentence. These are collateral consequences that affect daily life long after release:
- Firearm Rights: A felony conviction results in loss of the right to possess a firearm.
- Professional Licenses: Licensing boards in medicine, nursing, law, real estate, and education routinely take action against felony convictions, including suspension or revocation.
- Immigration Status: For non-citizens, a felony conviction can trigger deportation proceedings and other serious immigration consequences.
- Jury Service: A felony conviction disqualifies you from serving on a jury.
- Expungement Limits: Expungement is generally not available for convictions that result in a state prison sentence. That makes the initial defense effort, and the charging outcome, significantly more consequential.
Contact a Los Angeles Felony DUI Attorney Today
A felony DUI arrest moves quickly through the Los Angeles County Superior Court system. The time between arrest and arraignment is when the charging decision gets made and when your defense options are widest. Don’t wait to get representation in place.
Stein & Markus offers free initial consultations and is available around the clock. Call (562) 512-7030 to speak with our team today.Why Choose Stein & Markus?
What Makes Us Different
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Work with a Former ProsecutorOur prosecutor turned defense attorney is ready to protect you!
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