Felony DUI Defense in Wasco

DUI Causing Bodily Injury

A DUI involving bodily injury is prosecuted under Vehicle Code § 23153 rather than the ordinary non-injury DUI statute.

A § 23153 allegation can create felony exposure, but injury does not automatically mean that every case must be prosecuted or punished as a felony. The applicable sentencing framework depends on the offense history, the allegations, and the law governing the particular case.

We examine the collision evidence, medical information, causation, chemical-test evidence, and the prosecution's theory about how the alleged DUI conduct caused the injury.

Our DUI with injury practice provides additional context about these cases.

Prior Felony DUI Convictions

Vehicle Code § 23550.5 can create more serious exposure when a current DUI follows certain prior felony DUI or vehicular-manslaughter convictions.

The statute distinguishes among different prior offenses, and the effect of the prior case depends on what the person was actually convicted of and how that conviction was punished.

We review certified or available court records, conviction dates, and the statute underlying each alleged prior before assessing how it may affect the current charge.

Penalties in Repeat Felony DUI Cases

The potential sentence depends on which felony DUI statute applies.

For a repeat-DUI case punished under Vehicle Code § 23550, felony sentencing can involve a term of 16 months, two years, or three years under California's realignment sentencing framework. In many cases subject to Penal Code § 1170(h), that term is served in county jail rather than state prison, although statutory exceptions can apply.

A misdemeanor disposition under the same repeat-DUI framework can involve 180 days to one year in county jail.

Other potential consequences can include:

• A base fine of $390 to $1,000
• A multi-year driver's license revocation
• Ignition interlock requirements when applicable
• DUI education or treatment requirements
• A three-year habitual traffic offender designation under qualifying repeat-DUI statutes

These penalties do not describe every felony DUI case. DUI causing injury, prior-felony DUI cases, and offenses involving additional allegations can carry different sentencing and licensing consequences.

Scientific Review of Breath & Blood Evidence

Felony classification does not make chemical-test evidence immune from scrutiny.

Depending on the case, we may examine:

• Whether the traffic stop and detention were lawful
• Whether officers had a lawful basis for the arrest
• Breath-testing procedures and instrument records
• Blood collection and storage
• Chain of custody
• Laboratory methods and reported results
• Whether the scientific interpretation matches the timing and circumstances of driving

Richard Middlebrook's forensic-science training informs the firm's review of breath and blood evidence, while each case still requires analysis of its own records and facts.

More information about these issues is available through our breath and blood testing practice.

When a Felony DUI Also Involves DMV Action

The criminal case and an administrative driver's license action are separate proceedings when a qualifying DMV action has been initiated.

An Administrative Per Se proceeding can arise in cases involving a qualifying alcohol BAC, an alleged chemical-test refusal, or another statutory licensing trigger. A felony classification by itself does not mean every case follows an identical immediate DMV process.

When DMV issues an order of suspension or revocation carrying hearing rights, the notice generally provides a short period to request a hearing. Current DMV guidance provides 10 days following receipt of the notice for many Administrative Per Se hearings.

We review the notice, chemical-test allegations, and other licensing documents to determine which deadlines apply.

Middlebrook & Associates has handled thousands of DMV proceedings, and our DMV hearing practice addresses administrative driver's license issues separately from the criminal prosecution.

Felony DUI Court Proceedings for Wasco Cases

Kern County Superior Court currently operates a criminal court location in Shafter at 325 Central Valley Highway. The court's venue information assigns Wasco to the Shafter venue.

The precise path of a felony case can depend on the filed charges, preliminary-hearing process, court assignment, and later orders.

Rather than assume that every Wasco felony DUI follows the same courtroom path, we confirm the assigned court and hearing requirements from the filed case.

Depending on the proceeding and court instructions, our attorneys may be able to appear for a client at certain hearings. Personal attendance requirements vary.

Building a Defense Around the Reason the Case Is a Felony

The defense strategy should match the allegation that created felony exposure.

A repeat-offense case may require close review of prior convictions. An injury case may turn on causation and collision evidence. A high chemical-test result can require detailed forensic analysis. A prior-felony allegation may require examination of the exact prior judgment and sentencing history.

We evaluate those issues separately instead of treating every felony DUI as the same case.

Discuss a Felony DUI Accusation with Our Attorneys

We offer free consultations by phone or through our contact form. During your consultation, we can discuss the charge, upcoming court or DMV dates, and the evidence currently available.

Our service is available in English and Spanish. We can explain the proceedings and identify deadlines that may affect your next steps.