Where you charged with a DUI? Or a felony DUI? If you have any questions on your case, or would like to set up a consultation, call us at 619-295-3555

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Law Office of David P. Shapiro
3500 5th Avenue 304
San Diego, CA 92103
619-295-3555

Chapters:
Intro: 00:00
How Does it Happen: 00:26
After Being Arrested: 01:58
DUI because of Injury: 03:36
How to Defend Felony DUI: 04:50
To go to Trial or Not?: 05:56
Don’t Answer Any Questions: 08:50

Transcript:
One mistake can change your life forever if you are a loved one is facing a felony DUI charge in California this information will help you hi everybody my name is Stefan Mala I'm a California criminal defense lawyer and I've been so since 2011 and today I'm going to tell you some things that will help you or a loved one deal with a felony DUI charge to make sure that your rights and your freedom are best protected so let's talk about how you can be charged with a felony DUI well the first one is if you're driving under the influence and somebody gets hurt as a result that's DUI with injury the second is if you've got three previous DUI convictions your fourth one can be charged as a felony and then finally if in the past you've ever been convicted of a felony DUI any DUI after that can be charged as a felony so you're on the side of the road the cop shining his light in your face and you're stressed and this police officer asks you to conduct field sobriety tests to participate in these field sobriety tests well guess what even if you're like hey you know what I'm fine I had a beer or two I can do these tests I'm athletic whatever ever you think right you may have a lot of confidence the bottom line is you're going to be on the side of a road you're going to be intimidated by this cop you're going to be stressed out and you're going to be asked to perform these tests that are extremely difficult even if you're sober as a bird these tests are so hard to pass and so the bottom line is anything that you do is going to be used against you so bottom line don't take any the field so briy tests don't answer any questions related to where you've been where you're planning on going what you had to drink what you had to eat any of that just remain silent and assert your rights that will help your case so next despite the fact that you've done all the right things you haven't answered any questions you have not participated in any field sobriety tests maybe the cop thinks you have red watery eyes maybe the cop claims that their slurred speech or something like that unsteady gate all the usual stuff they decide that they're going to arrest you for driving Under the Influence once they do that once they've told you you are now under arrest you're in handcuffs in the back of the car they're going to read you something from a DMV form and essentially that's going to tell you that now that you've been arrested you are required to either take a breath test or a blood test and only if those are not available then a urine test now in this situation you have to take one of the tests and you have to select one if you don't there's a couple implications that you need to know about the first is that the DMV is going to suspend your license for refusing to take a chemical test that's not good the other side of it is is that even if you refuse to take a test the cop's going to easily get a warrant and then force a blood draw they're going to get the results anyways now the bottom line here is that you want to be friendly you don't need to talk about things you don't have to disclose anything and in fact you should not but it doesn't mean that you have to have a negative interaction with the cop because frankly if there's any chance of them cutting you a break in any sort of way by maybe delaying the amount of time before you take the test or making things EAS easier for you they're not going to help you out if you're being a jerk so just keep that in mind do the right thing know your rights and take the right Next Step before I move on if you want to learn more about DUI with drugs in your system we have a whole series on that so go ahead and click on the link in the description below and you'll learn a lot more information about that specific scenario and how to best protect your rights in your future again click on that link below to learn more about DUIs with drugs in your system so moving on now to discussing sort of specif specific feature of a felony DUI where it's a felony DUI because of injury that's been caused so one specific element of a DUI causing injury is that the driver aside from driving Under the Influence has to have either violated a law or neglected a duty that caused the injury so it's not enough that you're just driving under the influence and there's an accident and somebody gets hurt for example if you are driving Under the Influence but ...truncated...

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