Felony Dui in Walnut Creek
When Is a DUI Charged as a Felony?
California law elevates a DUI to a felony under three circumstances. A fourth offense by someone with three prior DUI convictions within the previous 10 years can be charged as a felony. Any DUI that causes injury to another person can be prosecuted as a felony under California Vehicle Code section 23153. And if you carry a prior felony DUI conviction, any subsequent DUI offense can be charged as a felony regardless of how much time has passed.
The consequences extend well beyond the courtroom. A conviction can mean state prison time, a lengthy or permanent driver’s license suspension, and a felony record that follows you into employment background checks, professional licensing boards, and immigration proceedings. Contra Costa County prosecutors pursue these charges aggressively when aggravating factors are present, and waiting to retain counsel can compound the risk.
I’m Tom McKenna. I’ve been handling criminal defense cases in Contra Costa County and the Bay Area since my California Bar admission in 1985, and I’m a founding member of the California DUI Lawyers Association, one of the oldest drunk driving defense bar associations in the country. If you’ve been charged with felony DUI, contact my office today to schedule a free initial consultation.
Felony DUI Defense: Two Paths That Matter
If your felony charge is based on prior DUI convictions, I’ll carefully examine each prior case to determine whether it may be stricken for the purpose of seeking to reduce the present charge to a misdemeanor. That review covers whether each conviction falls within the applicable 10-year look-back period, whether the underlying stop and arrest were constitutionally sound, and whether chemical test results hold up against scrutiny of breathalyzer calibration records or blood sample chain of custody.
When the felony charge stems from an accident causing injury, the prosecution must prove both that you were impaired and that you caused the accident. I investigate promptly and thoroughly to build the strongest defense the facts support, whether that means challenging the toxicology report, disputing causation, or contesting whether the conduct required under California Vehicle Code section 23153 has actually been established. The legality of the initial traffic stop is a threshold question I examine in every case, because a stop made without reasonable suspicion can undermine the prosecution’s evidence from the start.
I understand how different case facts shape the district attorney’s negotiation position and what those same facts mean if the matter goes to trial. A reduction to a wet reckless or a misdemeanor DUI isn’t possible in every case, but evaluating that possibility early, before positions harden, is part of what I do.
Experienced Drunk Driving Defense in Contra Costa County
With over 30 years of trial experience, I’ve personally handled thousands of criminal cases for clients ranging from students and working professionals to parents and corporate executives. As a founding member of the California DUI Lawyers Association, I’ve built my practice around the kind of DUI-specific knowledge that matters most when the charge is a felony. I handle every case personally and stay available to clients throughout the proceedings, including the questions that come up between court dates.
Felony DUI cases in Contra Costa County are prosecuted at the Contra Costa County Superior Court in Martinez. My familiarity with that courthouse, its prosecutors, and the local judicial process can give clients a practical advantage. The referrals I receive from legal peers and court staff reflect a reputation built over decades as a felony DUI attorney and felony drunk driving lawyer serving Walnut Creek and the surrounding county.
One deadline that catches people off guard: after a felony DUI arrest, you have just 10 days to request a DMV administrative per se hearing. Missing that window typically results in an automatic license suspension that runs parallel to your criminal case. Contacting my office early can help you address that deadline promptly.
Facing Prison Time? Call (925) 744-8404 for Legal Advice Today
My experience resolving felony DUI and multiple drunk driving charges throughout the San Francisco Bay Area, including Oakland and Martinez, gives clients facing prison time a real resource, whether the charge stems from prior convictions or a serious accident. As a felony drunk driving defense attorney in Walnut Creek with deep roots in Contra Costa County, I provide honest assessments and direct answers. Contact Law Office of Thomas F. McKenna to schedule a free consultation. Call (925) 744-8404 today.
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This firm is the best in the Bay Area.
“Thomas F. Mckenna is more than a criminal justice Lawyer, he and his staff are attentive, timely, caring, and get the results you want.”
Shelly S. -
They showed that they care and are responsible throughout the process.
“Tom and his team were very pleasant to deal with.”
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One of the best lawyers in the Bay Area!
“He will get you the best deal and even NO time at all!”
D.G.
