If you or a loved one has been arrested or charged with felony DUI in El Monte, California, you are facing one of the most serious criminal charges in the state—with devastating consequences that can include years in state prison, tens of thousands of dollars in fines, permanent loss of your driver’s license, and a felony conviction that will follow you for the rest of your life. Felony DUI charges threaten not only your freedom but also your career, your family relationships, your immigration status, and your ability to move forward with your life.
At Tu Defensor Criminalista, we understand that felony DUI charges do not define who you are. Many of our clients are hardworking, law-abiding individuals who made a mistake, faced extraordinary circumstances, or are fighting false or exaggerated allegations. Whether you’re facing charges for DUI causing injury, fourth DUI within 10 years, DUI causing death, or any other felony DUI allegation, our experienced criminal defense team is here to provide aggressive, strategic representation to protect your rights and fight for the best possible outcome.
El Monte, with a population of approximately 104,639 residents according to the U.S. Census [1]Bureau[1], is a diverse, densely populated city in the San Gabriel Valley of Los Angeles County. According to the California Office of Traffic Safety[2], in 2022, El Monte experienced 462 victims sustaining injuries or deaths in traffic collisions, with alcohol involved in 54 of these incidents—demonstrating the serious public safety concerns that drive aggressive DUI prosecution.
Statewide, California reported 1,355 alcohol-related crash deaths in 2023—nearly one-third of all traffic fatalities—according to California DUI statistics. The Los Angeles County District Attorney’s Office[3] prosecutes thousands of felony cases annually, with DUI causing injury among the most aggressively pursued charges, particularly when victims suffer serious harm.
With so much at stake, you need an attorney who understands California’s complex DUI laws, knows how to challenge breathalyzer and blood test results, can investigate crash reconstructions, and has experience defending against felony charges in Los Angeles County courts. At Tu Defensor Criminalista, we provide bilingual (English and Spanish) criminal defense representation throughout El Monte and the greater Los Angeles County area.
Contact us today for a free, confidential consultation. We are available 24/7 to answer your questions and begin building your defense.
While most first, second, and even third DUI offenses in California are charged as misdemeanors, several circumstances can elevate DUI charges to felony status with dramatically harsher penalties.
California law provides for felony DUI charges in the following situations:
California Vehicle Code Section 23153 makes it a felony to drive under the influence of alcohol or drugs and cause bodily injury to another person.
Elements the Prosecution Must Prove:
“Bodily Injury” Includes:
Penalties for Felony DUI Causing Injury:
Base Felony Sentence:
Great Bodily Injury Enhancement (Penal Code § 12022.7): If the victim suffered “great bodily injury” (significant or substantial physical injury such as broken bones, disfigurement, loss of consciousness, etc.):
Multiple Victim Enhancements:
Example Sentence:
California Vehicle Code Section 23550 makes it a felony to be convicted of a fourth DUI within a 10-year period.
What Counts Toward the Four DUIs:
Felony Penalties for Fourth DUI:
Important: Even if charged as a misdemeanor (prosecutor’s discretion), a fourth DUI conviction carries a mandatory minimum 180 days in county jail.
When a DUI results in someone’s death, prosecutors can file extremely serious charges:
Gross Vehicular Manslaughter While Intoxicated (PC § 191.5(a)):
Vehicular Manslaughter While Intoxicated (PC § 191.5(b)):
Second-Degree Murder (Watson Murder): If you have prior DUI convictions and have been warned about the dangers of drunk driving, prosecutors may charge second-degree murder:
If you have a prior felony DUI conviction (any time in the past), any subsequent DUI can be charged as a felony, even without injury or fourth offense status.
Understanding the scope of DUI enforcement helps contextualize these charges:
According to El Monte traffic collision data[4] and the California Office of Traffic Safety[2]:
Fatal Crashes:
Injuries and Fatalities:
DUI Arrests: According to Local Crime News[5], DUI arrests (VC 23152) occur regularly in El Monte, reflecting ongoing enforcement.
According to California DUI statistics[6] and California DMV data[7]:
According to the Los Angeles County District Attorney’s Office[3]:
Beyond the immediate criminal penalties, felony DUI convictions create devastating, lifelong consequences:
Unlike misdemeanors (maximum 1 year county jail), felony DUI carries:
A felony conviction appears on background checks forever:
DMV Administrative Penalties: According to California DMV[8]:
First DUI (Felony with Injury):
Fourth DUI:
Refusal to Submit to Chemical Test:
Reinstatement Requirements:
Direct Costs:
Total Cost: Easily $50,000-$250,000+ depending on circumstances
Felony DUI is considered an “aggravated felony” under immigration law for non-citizens:
DUI causing great bodily injury counts as a “strike” under California’s Three Strikes Law:
Separate from criminal case, victims can file civil lawsuits:
At Tu Defensor Criminalista, we employ comprehensive defense strategies tailored to the specific facts of your case:
Fourth Amendment Violations:
Lack of Probable Cause:
Breathalyzer Defenses:
Blood Test Defenses:
Urine Test Defenses:
For VC 23153 (DUI causing injury), prosecution must prove your DUI caused the injury:
Alternative Causation:
Accident Reconstruction:
Insufficient Evidence of Impairment:
Prosecutors must prove injuries constitute “great bodily injury”:
Arguing Against GBI:
Wobbler Reduction: Many felony DUIs are “wobblers” (can be charged as misdemeanor or felony):
Alternative Charges:
Alternative Explanations:
Rising BAC Defense:
Understanding what to expect reduces anxiety and allows better preparation:
At the Scene:
At Station:
Separate from Criminal Case: Within 10 days of arrest, you must request DMV Administrative Per Se (APS) hearing to challenge license suspension:
First court appearance at El Monte Courthouse:
El Monte Courthouse
(Located within Los Angeles County Superior Court system) Nearest major courthouse: Alhambra Courthouse 150 W. Commonwealth Ave. Alhambra, CA 91801 Phone: (626) 293-3000
Or: Pomona Courthouse 400 Civic Center Plaza Pomona, CA 91766 Phone: (909) 620-3023
At Arraignment:
Bail for Felony DUI:
Discovery:
Investigation:
Pretrial Motions:
Plea Negotiations:
For Felony Charges:
If no resolution:
If Convicted: We advocate for:
Hablamos Español. El Monte’s diverse population (67% Hispanic, 82% speak language other than English at home) deserves accessible representation:
Misdemeanor DUI typically involves first, second, or third offenses within 10 years without causing injury. Felony DUI involves: (1) causing injury to another person, (2) fourth or subsequent DUI within 10 years, (3) causing death, or (4) having a prior felony DUI conviction. Felony DUI carries state prison time, while misdemeanors carry maximum 1 year county jail.
Not necessarily. Some felony DUI cases result in probation with county jail time instead of state prison, especially for first-time felony offenders with minimal injuries and strong mitigating factors. However, cases involving great bodily injury, death, or multiple victims typically result in state prison sentences. An experienced attorney can advocate for alternatives to prison.
Yes, in some cases. Many felony DUIs are “wobblers” that can be charged as either misdemeanors or felonies. We can negotiate with prosecutors to reduce charges, or petition the court under Penal Code § 17(b) to reduce a felony conviction to a misdemeanor after successful completion of probation.
Even minor injuries can support felony DUI charges under VC 23153. However, we can argue that injuries don’t constitute “great bodily injury,” which eliminates the 3-6 year enhancement. We can also present mitigating factors to negotiate charge reductions or favorable plea agreements.
For felony DUI causing injury, the DMV will revoke your license for 5 years. For fourth DUI, 4-year revocation. You have only 10 days from arrest to request a DMV hearing to challenge the suspension. This is separate from your criminal case. Even if you win the DMV hearing, a criminal conviction can still result in license suspension.
Restitution depends on the victim’s economic losses: medical bills, lost wages, property damage, rehabilitation costs, and sometimes pain and suffering. Amounts can range from thousands to hundreds of thousands of dollars. We work to challenge inflated restitution claims and negotiate reasonable payment plans.
Prosecution must prove BOTH that you were under the influence AND that your impairment caused the accident. We thoroughly investigate accidents to show alternative causes: mechanical failure, road conditions, other driver’s negligence, or that the accident would have occurred regardless of any impairment.
Yes. Any bodily injury—even bruises, cuts, or minor pain—can support VC 23153 charges. However, without “great bodily injury,” you avoid the additional 3-6 year enhancement. The severity of injuries significantly affects sentencing and plea negotiations.
California’s “10-year lookback period” means only DUIs within the past 10 years count toward fourth DUI. However, if you have a prior felony DUI conviction (even from 20+ years ago), any new DUI can be charged as a felony. We analyze your criminal history to determine what prior convictions count.
Felony DUI, especially causing injury, is considered an “aggravated felony” under immigration law and typically results in mandatory deportation proceedings. There are very limited defenses. If you’re not a U.S. citizen, it’s critical to have an attorney who understands both criminal defense AND immigration consequences.
1. Do NOT make statements to police without an attorney
2. Request a DMV hearing within 10 days
3. Contact Tu Defensor Criminalista immediately at (888) 315-3326
4. Preserve evidence (photos, medical records, witness information)
5. Do not discuss the case on social media or with anyone except your attorney
6. Do not contact the victim or witnesses
Felony cases typically take 6 months to 2+ years depending on complexity, number of victims, expert analysis needed, court schedules, and whether the case goes to trial. More complex cases with serious injuries or death take longer.
California Penal Code § 1203.4 allows expungement of some felony convictions after successful completion of probation. However, DUI convictions—even if expunged—still count as prior DUI convictions for future DUI cases. Expungement helps with employment but doesn’t restore all rights (gun rights remain lost, immigration consequences remain).
Refusal to submit to a chemical test results in automatic license suspension (1-3 years depending on priors) and can be used as “consciousness of guilt” evidence at trial. However, without chemical test results, prosecution may have weaker evidence of impairment. This creates both challenges and opportunities for defense.
Legal fees vary based on case complexity, but typically range from $15,000-$50,000+ for felony DUI cases. Cases involving injury, death, multiple victims, or extensive expert testimony cost more. We offer payment plans and will discuss fees transparently during your free consultation. The cost of NOT having experienced representation—years in prison, felony record—is far greater.
Even if you were under the influence, if the accident was caused by another driver’s negligence, poor road conditions, or mechanical failure, you may not be guilty of VC 23153. We conduct thorough accident investigations and retain expert reconstructionist to prove alternative causation.
After DUI arrest, you receive a 30-day temporary license. If you request a DMV hearing within 10 days, you can drive until the hearing decision. If you lose the DMV hearing or don’t request one, your license is suspended. You may be eligible for a restricted license with an Ignition Interlock Device, allowing you to drive to work, school, and DUI classes.
An IID is a breathalyzer connected to your vehicle’s ignition. You must blow into it before starting the car and periodically while driving. If it detects alcohol, the car won’t start. For felony DUI, IID is required for years after license reinstatement. Costs $70-$150/month for installation and monitoring.
At arraignment, you’re formally advised of charges, enter a plea (we typically advise “not guilty”), and bail is set or reviewed. For felony DUI, you MUST appear personally (unlike misdemeanors where attorneys can appear for you). We’ll be with you to guide you through every step.
Felony DUI charges require immediate action. Evidence disappears, witnesses forget, and opportunities close with each passing day.
Don’t wait. Your freedom depends on it.
Your freedom and driving privileges are worth fighting for. Call now—we’re available 24/7 to defend your rights.
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
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