A felony DUI applies after the defendant has at least two previous DUI convictions. If convicted, the defendant faces a prison sentence of up to five years, with a 30-day minimum jail sentence. Drivers facing these charges could also lose their driver’s license for life if they get a third conviction within ten years. Review these four tips to get prepared for your felony DUI case.
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1. Use Your Miranda Rights
According to your Miranda Rights, you don’t have to say anything to law enforcement after an arrest. You also have the right to discuss your case with a criminal defense attorney. Request an attorney, once you’ve been arrested. Law enforcement and the court can use any statements you make against you. An attorney can offer advice and help you avoid common mistakes.
Attorneys collect information about your case, including speaking to witnesses, reviewing surveillance footage, and evaluating the circumstances of your arrest. They’ll understand if you have a viable defense or if there is a possibility of getting the charges dismissed.
2. Requesting Additional Blood Testing
Under consent laws, you must submit to a breathalyzer test. However, you can wait until an attorney is present to submit to blood testing, and your attorney can request an additional blood sample for independent testing.
Conflicting blood test results could present evidence for your defense. An attorney could also request testing and assessments for the breathalyzer used when you were arrested. If it’s faulty, your test results could be deemed invalid.
3. Consider a Treatment Program
Courts understand the importance of rehabilitation, and if your attorney can admit you into a drug or alcohol treatment program, it could help with your defense. In some jurisdictions, the court may waive the 30-day jail sentence requirement if you enter into treatment.
Completing a drug or alcohol treatment program shows that you are taking accountability for your addiction. Appearing more responsible and wanting to change may help with your defense. It doesn’t guarantee that you won’t go to prison; however, it could give you an opportunity for a plea bargain or a lighter sentence.
4. Complying With the Court
You must attend all hearings and court appearances as requested. Failure to appear leads to a bench warrant, and you will get arrested again. You must follow all orders issued by the judge even if you haven’t been convicted yet. If you agree to enter drug or alcohol treatment, you must complete the entire program as directed. The judge will also provide instructions if you post bail and if you don’t comply, you’ll go back to jail and remain there until your court date.
Felony DUI charges can result in lengthy prison sentences, high fines, and the total loss of your driving privileges. Fighting against this third DUI charge is paramount for avoiding a conviction when possible. A criminal defense attorney understands what is at stake and knows strategies for fighting a conviction and minimizing penalties if the state has a strong case against you. Contact a criminal defense firm to secure legal representation if you are charged with a felony DUI charge.