Napa County Aggravated DUI Attorney 

DEFENDING YOU AGAINST SERIOUS DUI CHARGES

When you are arrested for driving under the influence (DUI) in California, you will be charged with a misdemeanor. However, if you have been convicted of DUI three or more times within the past ten years, you can be charged with a felony. This is known as an “aggravated DUI” and it carries significantly harsher penalties than a standard DUI.

If you have been charged with an aggravated DUI, you are in serious trouble. You need to retain a skilled and experienced attorney to help you build an effective defense as soon as possible. At Wilber Law Offices, P.C., we have successfully defended numerous clients against serious DUI charges. We understand the law, the process, and the stakes, and we know what it takes to win.

If you are facing an aggravated DUI charge, call us today at (707) 289-7006 or contact us online to schedule a consultation with our Napa County aggravated DUI attorney.

Understanding Aggravated DUI Laws in California

In California, a DUI is "aggravated" when the prosecution alleges specific facts that increase the culpability of the driver. These are governed by several sections of the California Vehicle Code. In the local context of Napa County, where law enforcement is particularly vigilant about road safety, these enhancements are frequently pursued to the fullest extent of the law.

The most common aggravating factors that a Napa County aggravated DUI lawyer must address include:

• Excessive Blood Alcohol Content (BAC): Under VC § 23578, a BAC of 0.15% or higher is considered an aggravating factor. If the level reaches 0.20% or higher, the court is mandated to consider even stricter sentencing, such as longer alcohol education programs.
• Refusal to Submit to a Chemical Test: Per VC § 23577, if you refuse to take a breath or blood test after a lawful arrest, you face a mandatory enhancement. This includes a minimum of 48 hours in jail and a one-year driver’s license suspension with no possibility of a restricted permit.
• Minor Passenger Enhancement: Under VC § 23572, having a child under the age of 14 in the vehicle at the time of the offense adds mandatory jail time—ranging from 48 continuous hours for a first offense to 90 days for a third offense—that a judge cannot strike.
• Speeding and Reckless Driving: VC § 23582 applies if you were driving 20 mph or more over the limit on a street, or 30 mph or more over on a highway, in a reckless manner while under the influence. This adds a mandatory 60 days in jail.
• DUI with Injury: Under VC § 23153, if you cause bodily injury to someone other than yourself while driving under the influence, the charge can be elevated to a felony "wobbler," carrying significantly higher prison exposure.

Potential Penalties for Aggravated DUI

Aggravated DUI is a “wobbler” offense in California, which means it can be charged as either a misdemeanor or a felony, depending on the circumstances. The prosecution has the discretion to charge you based on your prior record, your current BAC level, and other factors. They can also choose to opt for a felony charge if you have been convicted of certain prior offenses, such as felony DUI or DUI causing injury.

If you are charged with a misdemeanor, you could face the following penalties:

• Minimum 120 days and maximum 364 days in county jail
• Between $390 and $1,000 in fines, plus additional assessments and fees
• 3-5 years of probation
• Driver’s license suspension
• Required DUI school
• Installation of an ignition interlock device

If you are charged with a felony, you could face the following penalties:

• 16 months, 2 years, or 3 years in California state prison
• Between $390 and $1,000 in fines, plus additional assessments and fees
• 4 years of probation
• Driver’s license suspension
• Required DUI school
• Installation of an ignition interlock device

Additionally, a felony DUI conviction will be considered a “strike” under California’s Three Strikes Law. This means that if you are convicted of any other felony in the future, you will face a sentence that is twice as long as it would otherwise be.

The Napa County Criminal Defense Process for Aggravated Charges

Navigating the criminal justice system in Napa requires an understanding of the specific protocols of the Napa County Superior Court.

• The 10-Day DMV Window: From the moment of arrest, you have only 10 days to contact the DMV to stop an automatic suspension. This is especially critical in aggravated cases where the "refusal" or "high BAC" triggers longer suspension periods.
• The Arraignment: This is the first formal court date. For aggravated charges, the judge may impose strict "release conditions," such as requiring you to attend AA meetings or wear an alcohol-monitoring anklet (SCRAM) while the case is pending.
• Discovery and Investigation: As your aggravated DUI attorney in Napa County, we obtain the "full discovery" file. This includes police body cams, dash cams, and the "litigation package" from the blood testing lab.
• Pre-Trial Motions: We may file a "Motion to Suppress" (PC 1538.5) if the police lacked a valid reason to pull you over. If the motion is granted, all evidence gathered afterward—including the high BAC or the refusal—cannot be used against you.
• Plea Negotiations or Trial: We work to negotiate a "strike" of the enhancements. If the prosecution refuses to be reasonable, our firm has the fearless advocacy and experience to take your case to a jury trial.

How Our Napa County Aggravated DUI Lawyers Can Help

At Wilber Law Offices, P.C., we can provide the aggressive and effective defense you need if you have been charged with aggravated DUI.

When you choose our firm to represent you, we will:

• Conduct a thorough investigation of the circumstances surrounding your arrest to determine if your constitutional rights were violated
• Review all available evidence, including police reports, chemical test results, and witness statements
• Work to build a strong and effective defense strategy on your behalf
• File any necessary pretrial motions, such as motions to suppress evidence or motions to dismiss
• Negotiate with the prosecution for a favorable plea bargain, if appropriate
• Prepare to take your case to trial, if necessary
• Provide you with regular updates on the status of your case
• Answer your calls and emails promptly

Our Napa County aggravated DUI lawyer will fight aggressively for you every step of the way. We are committed to protecting your rights and helping you navigate the legal process. You can rely on us to provide you with the sound legal guidance you need during this difficult time.

If you are facing an aggravated DUI charge, call us today at (707) 289-7006 or contact us online to schedule a consultation with our Napa County aggravated DUI attorney.