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If you or a loved one has been arrested or facing Drunk Driving charges give us a call we can help you through this time. As an Attorney with more than 15 years of experience I can tell you that dealing with a driving under the inlfuence charge can be difficult and time consuming. We can help you. Give us a call at 559441-1418. 

Below I will describe the difference between a Misdemeanor and Felony Drunk driving and some information regarding both offenses. 


One way to be charged with Felony Driving Under the Influence is if you meet the following elements within a 10 year period.


1. Defendant drove a motor vehicle.

2. Defendant did so while under the influence of an alcoholic beverage.

3. The defendant has suffered three prior convictions of the Misdemanor section. 

an all of these factors occured withing a 10 year period. 


If the following are true then there are many consequences that may occur. 


You are eligible for prison.  Becuase it is a Felony to have four convictions wthin 4 years you can be sentenced to prison for a period of 16 months 2, or three years. 

The facts are important  here.  Was anyone injured? how close in time are the convctions? what is the BAC when the offenses occured. Was there property damage.  Has the defendant been afforded the oppurtunity at treatment at an earlier time and did not take advantage of that treatmen.  All of these things will come into play when the Judge makes a determination as to what your sentence will be. 

The Judge will have to make a determination of both whether or not you should be given Felony Probation, or sent to prison.  The Judge will also have to determine if the defendant should serve 16 months 2, or 3 years.  

If given Felony Probation you will usually be ordered into in patient treatment, or sent to County Jail for  a period od 1 year. If you are given a 1 year sentence you will have to do six months of that sentence and then still serve a period of probation.  If you violate your Felony probation you could be sent to prison for any of the terms of the sentecning range.  In other words for 16 months 2, or 3 years.  

If you are given Felony Probation you could be ordered to attend substance abuse in patient treatment. Or out patient treatment.  Failure to comply with the treatment program could be a violation of probation.  And again subject you to prison.  

It is always best to be proactive.  If you have a fourth DUI you should be going to AA meetings and obtaining proof.  And admitted to your alcohol problem.  Making sure you get on the scram x program which will give an indication if you are drinking alcohol.  

You will be booked for a fourth DUI and you will have to get bail money and there could be terms placed on you as part of your bail.  You should folow those terms as closely as possible.  And of course do not drive.  Do  not consume alcohol, and prove that through both the scram x and going to outpatient treatment and AA.  The in patient treatment should be reserved for after the conviction in most circumstances.  

If you have any further questions do not hesitate to give us a call and we can help you through this. Be proactive get into contact with us and a Bail bondsman.  Our phone nyumber is 559 441-1418, I have done  many hundreds of DUI cases in several different counties and can help you through this and help you hopefully stay  out of prision.

Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704 View Map
Phone: 559.441.1418