Felony DUI Attorney in Sacramento

13 Years as a Prosecutor. Now Fighting for You.

A felony DUI charge is a different category of legal problem than a standard misdemeanor DUI. The potential consequences include state prison, strike enhancements, and permanent changes to civil rights. At Law Office of Mathew Martinez, Mathew Martinez brings more than 20 years of criminal law experience, including 13 years as a prosecutor, to every felony drunk driving case we defend in Sacramento.

The stakes are too high to wait. Call us at (916) 318-5142 to speak with a Sacramento felony DUI attorney about your situation.

When California Law Makes a DUI a Felony

Most first and second DUI offenses are misdemeanors. Three specific circumstances push a charge into felony territory under California law.

DUI Causing Bodily Injury
Vehicle Code 23153 makes it a felony to drive under the influence and, through an unlawful act or neglect of duty, proximately cause bodily injury to another person. This statute is a wobbler, meaning prosecutors can file it as a misdemeanor or felony depending on the severity of the injury and the defendant’s prior record.

Three or More Prior DUI Convictions
Under Vehicle Code 23550, a DUI becomes a felony when it occurs within 10 years of three or more prior DUI convictions. That 10-year look-back period includes out-of-state DWI or OUI convictions and prior “wet reckless” pleas under Vehicle Code 23103.5.

Prior Felony DUI Conviction
Under Vehicle Code 23550.5, any subsequent DUI within 10 years of a prior felony DUI conviction is automatically charged as a felony.

When a DUI involves a fatality, prosecutors may instead charge gross vehicular manslaughter while intoxicated under Penal Code 191.5, which carries its own separate sentencing structure.

What a Former Prosecutor Brings to Felony DUI Defense

Felony DUI cases are built around specific triggering facts: the nature of an injury, the number and validity of prior convictions, and the conduct that allegedly caused harm. Martinez spent 13 years on the prosecution side, which means he understands how district attorneys construct those arguments and where they’re vulnerable to challenge.

Whether the issue is whether an injury was legally caused by the driving violation under Vehicle Code 23153 or whether a prior conviction from another state properly counts within the look-back period, that prosecutorial background shapes how we analyze evidence and approach negotiations. Martinez has conducted more than 60 jury trials, and that courtroom record informs how we prepare every case from the first hearing forward.

Criminal Penalties for a Felony DUI Conviction in California

The sentencing exposure for a felony DUI is substantially higher than most people expect. Understanding the full range of consequences is part of building a realistic defense strategy.

• State prison term: A first felony conviction under Vehicle Code 23153 carries 16 months, two, or three years in state prison. If the offense follows two or more prior DUI-related convictions within 10 years, Vehicle Code 23566 raises that range to two, three, or four years.
• Great bodily injury enhancement: A Penal Code 12022.7 enhancement adds three to six years for causing great bodily injury, and Vehicle Code 23558 adds up to one additional year, capped at three years total, for each additional victim who suffers bodily injury or death.
• Three Strikes exposure: Each victim who suffers great bodily injury or death counts as a strike under California’s Three Strikes Law.
• Fines: A first felony DUI carries a court fine of $390 to $1,000. Under Vehicle Code 23566, when the offense follows two or more prior DUI-related convictions, that range rises to at least $1,015 up to $5,000, plus penalty assessments that often multiply the base amount significantly.
• DUI program: Conviction requires enrollment in an 18-month or 30-month court-approved DUI program.