Felony DUI

Felony DUI Defense in Fresno

Serious Charges Require a Serious Defense Strategy

A felony DUI isn’t a traffic matter. It’s a criminal charge that can lead to state prison, strip your driving privileges for years, and leave a permanent mark on your record. If you or someone you care about is facing a felony DUI in Fresno or Madera County, the decisions made in the days immediately after arrest can shape everything that follows.

At The Law Office of Martin H. Gamulin, we defend clients against felony DUI charges throughout Fresno and Madera County. Our representation is personalized to your circumstances and delivered without judgment.

Call our Fresno felony DUI defense team now at (559) 934-5405 to schedule a consultation. The sooner we review your case, the more options may be available to preserve.

What Sets Our Felony DUI Defense Apart in Fresno

Felony DUI cases move fast, and the prosecution doesn’t wait. We engage early, often reaching out to prosecutors before charges are formally set, to argue for reduction or dismissal at the earliest opportunity. That proactive approach has contributed to a track record that includes numerous dismissals, acquittals, and reduced charges in criminal defense matters across Fresno and Madera County courts.

Martin H. Gamulin has worked on countless cases throughout Fresno County and brings direct familiarity with the local judiciary, procedural practices, and how cases move through Fresno County Superior Court. That local knowledge shapes how we frame arguments, time motions, and approach negotiations. We also offer flat rate fee options, so you know what representation costs from the start rather than watching a meter run. Spanish-language services are available for clients who prefer them (Hablamos Español).

When a DUI Becomes a Felony in California

Most DUI arrests in Fresno County begin as misdemeanor filings. Certain aggravating factors can shift the charge to felony status and move the case onto a significantly more serious track.

Under California Vehicle Code sections 23152, 23550, and 23153, a DUI may be charged as a felony when:

The defendant has three or more prior DUI or wet reckless convictions within the past 10 years
A fourth DUI offense occurs within a 10-year period
The defendant has a prior felony DUI conviction on record
The defendant is accused of causing injury or death to another person while driving under the influence

A wet reckless conviction, a reduced plea from a DUI charge, still counts as a prior offense toward these thresholds. That matters when evaluating how the prosecution may characterize your history.

Felony DUI Penalties in California

The consequences vary depending on the specific charge, but the range is severe.

Standard Felony DUI:
Up to 3 years in state prison, fines up to $1,000, and up to 30 months of DUI school.

Felony DUI with Injury:
Under California Vehicle Code § 23153, a felony DUI with injury can result in up to 4 years in state prison, fines reaching $5,000, and restitution to injured parties. Sentence enhancements for great bodily injury, multiple victims, or prior DUI convictions can increase that exposure significantly.

Criminal penalties don’t tell the full story. A felony DUI conviction also can trigger a lengthy driver’s license suspension or revocation, mandatory DUI education programs, and, in many cases, an ignition interlock device requirement. The DMV administrative per se suspension process runs parallel to the criminal case and carries its own deadline.

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How We Build a Felony DUI Defense in Fresno

No two felony DUI cases are identical. The facts around your traffic stop, arrest, and chemical testing all matter, and any one of them can become the foundation of a defense. We examine each element carefully before developing a strategy tailored to your situation.

Our approach covers the full range of options: negotiating with prosecutors for charge reductions, filing motions to suppress unlawfully obtained evidence, and taking cases to trial when that’s what the facts support. We don’t apply a template. We build a strategy around what actually happened in your case.

Grounds for Challenging a Felony DUI Case

Felony DUI prosecutions depend on evidence that is often more fragile than it appears. Each stage of your arrest and testing is subject to legal scrutiny.

Legality of the Traffic Stop

Law enforcement must have valid probable cause to pull you over. A stop that lacks legal justification can result in suppression of all evidence gathered afterward, including breathalyzer results and field sobriety test observations. This is often the first question we examine.

Field Sobriety Test Reliability

Field sobriety tests are subjective. Medical conditions, road surface, lighting, footwear, and the officer’s own technique all influence the results. These variables are recognized grounds for challenging the officer’s conclusions in court.

Breath Test Procedure & Calibration

California’s Title 17 regulations set strict requirements for how breath tests must be administered and how equipment must be maintained. Gaps in calibration records or deviations from protocol can undermine the reliability of a blood alcohol content reading.

Blood Test Chain of Custody

Blood test results are only as reliable as the collection and handling process behind them. Irregularities in storage, labeling, or chain of custody can call results into question and open the door to retesting or exclusion.

Rising BAC Defense

Alcohol continues absorbing into the bloodstream after consumption. If your blood alcohol content was still rising at the time of driving, a test administered later at the station may not reflect your actual BAC at the moment of the stop. This defense applies in cases where the timing and circumstances support it.

Our familiarity with Fresno County Superior Court and local procedural practices directly informs how we frame these evidentiary challenges and when we bring them.

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The Reach of a Felony DUI Conviction Beyond the Courtroom

A felony conviction follows you well after the sentence is served. In Fresno County, where agriculture and transportation drive a large share of employment, losing driving privileges alone can eliminate a person’s livelihood. The consequences extend further.

Employment: Jobs requiring a clean driving record or background check, including roles in transportation, healthcare, education, and government, may be closed off
Professional Licensing: Contractor licenses, nursing licenses, and commercial driver’s licenses may be subject to suspension or revocation after a felony DUI conviction
Auto Insurance: Rates can increase substantially, and some carriers may decline to renew coverage
Immigration Status: For non-citizens, a felony DUI can trigger deportation proceedings or create bars to naturalization

These consequences don’t wait for the sentence to end. They’re part of what’s actually at stake in a felony DUI case, and they’re part of why the defense strategy matters as much as it does.

Start Your Felony DUI Defense Today

Felony DUI charges carry real exposure, and the window for early action is narrow. At The Law Office of Martin H. Gamulin, we offer flat rate fee options for felony DUI defense, so cost isn’t a reason to wait. We serve clients throughout Fresno and Madera County and are ready to review your case.

Call (559) 934-5405 or reach out online to schedule your consultation with our Fresno felony DUI defense team.

What to Expect After a Felony DUI Arrest in Fresno County

The process that follows a felony DUI arrest moves quickly, and two separate tracks generally start at the same time: the criminal case in Fresno County Superior Court and the DMV administrative suspension process.

The 10-Day DMV Deadline

From the date of arrest, you generally have 10 days to request a DMV administrative per se hearing. Missing that deadline typically results in automatic license suspension. The DMV hearing is entirely separate from the criminal case and focuses solely on whether the DMV has grounds to suspend your driving privileges. We guide clients through both tracks simultaneously.

Arraignment & Preliminary Hearing

After a felony DUI arrest in California, arraignment before a Fresno County Superior Court judge is generally required within 48 hours, excluding weekends and holidays. At arraignment, charges are formally presented, and bail is addressed. The case then moves toward a preliminary hearing, where a judge determines whether sufficient evidence exists to proceed to trial. That preliminary hearing can be a meaningful opportunity to challenge the prosecution’s case before it advances further.

Pretrial Motions & Trial

Between the preliminary hearing and trial, pretrial motions are a critical phase. Motions to suppress evidence, challenge testing procedures, or contest the legality of the stop can significantly affect the shape of the case. Defendants charged with felony DUI aren’t eligible for Fresno County’s DUI Court diversion program, which is limited to misdemeanor DUI offenders, so the full criminal track applies.

We’re familiar with how cases move through Fresno County Superior Court, the local court calendar, and the procedural expectations at each stage. That familiarity can mean fewer surprises for our clients and better-prepared arguments at every step.

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Contact The Law Office of Martin H. Gamulin Today!

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Personalized Legal Representation
Our attorneys will work closely with you to develop a legal strategy that is designed to achieve the best possible outcome for your case.
Proven Track Record of Success
Our team has secured numerous dismissals, acquittals, and reduced charges, and we are committed to doing everything in our power to protect the rights of our clients.
Experienced Representation
We've successfully defended clients against a wide range of criminal charges, including but not limited to dui charges, traffic infractions/violations, and family law services.
Flat-Fee Rate Options and Reasonable Retainers
We offer transparent and accessible legal services with flat-rate fee options and reasonable retainers, ensuring affordability and clarity for our clients.
Limited Scope Representation
We offer invaluable assistance with for clients who are seeking case by case representation in the Fresno and Madera areas.
Hablamos Español
Our team proudly offers services in Spanish to assist our Spanish-speaking community