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Charged with felony dui with bodily injury what would be my sentence?

San Jose, CA |

I currently have been arrested for felony dui with bodily injury. I am out on bail, in my accident I crashed in to a tree. My vehicle was the only one involved in my accident. My girlfriend was my passenger and luckely had very little injury. A couple bruises and cuts, I am so greatfull that I did not injure anyone else. Nine years ago I had a previous dui but was a misdemeanor. I was wondering with my previous dui and now this charge what would be my sentence? How much jail time?

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Attorney answers 7


Your sentence depends on a lot of factors, may of which are not included in your quesiton. You need to consul counsel right away. Many of us on Avvo provide free consultations.


Just because you've been arrested for a Felony DUI does not mean that is what is going to be charged by the District Attorney. Does not sound like your girlfriend was sufficiently injured to justify a Felony charge, but nonetheless it is very serious. Nobody can tell you now what your sentence would be or how much jail time you could get. Get acquainted with a very good DUI attorney in San Jose by visiting the California DUI Lawyers Association on line.


It is possible that your case may be charged as a misdemeanor, or subsequently reduced to a misdemeanor as part of a plea deal. There are a lot of factors involved in a case like this. It is best to consult an experienced DUI attorney. The fact that you have a prior is a problem. The district attorney will definitely treat this as an aggravated case regardless if its charged as a felony or a misdemeanor. Definitely consult an attorney. Good luck.

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First, if your girlfriend has only minor bruising and cuts, then the DA should not file the case as a felony. The cops always arrest for a felony when they legally can. It's simply a matter of discretion and cops never exercise it. As to your question, ultimately, it is difficult to say. You have a prior, so if convicted of any DUI with a provable priorable DUI conviction within 10 years (which it sounds like you have), then a mandatory minimum of 96 hours in jail is required. Depending on the DA's offices, sentences can range from that minimum to up to, say, 6 months in jail, though this is just speculative not knowing all the details and with which DA's office you are dealing. It really also depends on the skill of your attorney in beating this case as well and/or how well he or she can present a case for mitigation. Definitely get a good local DUI attorney right away.

The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. The attorney does not make any representation as to the expertise or qualifications. This attorney may or may not be admitted to state bar of your state.


The DA's in Santa Clara County are very aggressive about filing the maximum charge or even overcharging a case.

Where was the prior conviction?


Too many variables to give you an answer. You should consult with an attorney right away so the attorney can investigate and perhaps intervene prior to the filing depending on the complete facts. You are going to need a competent DUI attorney for this matter. Good luck.

Contributions to do not establish an attorney-client relationship.


You definitely need to hire an attorney. This should not be a felony DUI. First of all you only have one prior DUI. In order to have a felony DUI, you must have 3 prior misdemeanor DUIs OR have a DUI with fatalities or serious injuries. It sounds like your girlfriend was NOT injured seriously, you crashed into a tree (not another person). Do not try to represent yourself, because for a felony DUI you are looking at serious prison time (or loooooooooong County Jail time) plus severe penalties. If it is reduced to a second time misdemeanor DUI, all you are looking at is 3 years of summary probation (unsupervised) + $500PA (which is about $5K) + AB 761 (which is the 6 month alcohol program) (assuming your BAC in this DUI is below .15) + restitution to the city/county (whoever owns that tree) + restitution to your girlfriend (and your insurance will cover it all) + some community labor time which is insignificant + you will get the IID (ignition interlock device) which is inevitable.

If you get a conviction on the felony DUI, the next DUI you pick up, regardless of the facts and the BAC, it will be another felony DUI with even more severe punishment. Consult an attorney. It is worth the money. You do NOT want to get a conviction that you should not have on your record.

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