315 Montgomery St Suite 900
sam@gellerlawsf.com
San Francisco Felony DUI Lawyer
How a San Francisco Felony DUI Attorney Can Help You
Being charged with a felony DUI in San Francisco can put your freedom, career, finances, and reputation at risk. The uncertainty is overwhelming, and the fear of what comes next is difficult to manage on your own.
A DUI offense in California becomes a felony under specific circumstances — causing injury, multiple prior DUI offenses within ten years, or having a prior felony DUI conviction. Unlike a misdemeanor DUI, a felony DUI charge in California can result in years in state prison, thousands of dollars in fines, and a permanent criminal record. These charges can affect your family, professional licenses, and immigration status.
At Geller Law, PC, attorney Samuel Geller brings courtroom experience and deep knowledge of the San Francisco court system to every felony DUI case. He analyzes evidence, challenges testing procedures, and fights for your rights at every stage.
What Qualifies as a Felony DUI in San Francisco?
In San Francisco, most DUI charges are misdemeanors. However, certain circumstances can cause a DUI offense to be charged as a felony in California.
DUI Causing Injury
If you are accused of causing bodily harm to another person while driving under the influence, you may be charged under California Vehicle Code § 23153. This is a wobbler offense, meaning the prosecutor has discretion to file it as a misdemeanor or felony depending on the circumstances and your prior record. Prosecution is especially aggressive in cases involving multiple injured parties or serious harm.
If a death results from a DUI, the charge is filed under Penal Code § 191.5 (vehicular manslaughter while intoxicated) or, in the most serious cases, they may pursue a murder charge under Penal Code § 187, commonly called a Watson murder in California DUI cases.
Fourth or Subsequent DUI Within 10 Years
After three DUI convictions within a decade, any further offense can be charged as a felony even if no accident occurred.
Prior Felony DUI Conviction
Any new DUI charge after a prior felony DUI conviction is treated as a felony, regardless of other factors.
DUI on Probation or With a Suspended License
A new DUI while on probation for a prior offense or on a DUI-suspended license increases the risk of felony prosecution, especially with other factors present.
Other factors, such as an extremely high BAC, having a minor passenger, excessive speed, or hit-and-run behavior, often influence how prosecutors charge the case and how severe the consequences become.
PRACTICE AREAS
How the Felony DUI Process Works in San Francisco
Understanding what happens after a felony DUI arrest helps you prepare and move your defense forward.
Arrest and Booking
If you are arrested for a felony DUI in San Francisco, the California Highway Patrol or the San Francisco Police Department (SFPD) will take you into custody, fingerprint you, and photograph you. Remain silent and contact a California DUI lawyer immediately because anything you say may be used against you.
Arraignment
Within 48 hours, not counting weekends and holidays, you will appear in San Francisco Superior Court, where the judge reads the charges and asks for your plea. Having legal representation at this stage sets the tone for your entire defense.
Bail and Pretrial Motions
Bail amounts in felony DUI cases can reach $25,000 or more, based on prior convictions and the seriousness of any injury involved. Pretrial motions follow, where we challenge:
- Illegal traffic stops and searches
- Improper or unreliable breath and blood testing
- Invalid statements or rights violations
- The prosecution’s timeline and evidence
Trial
If your case goes to trial, we build your defense from the ground up — scrutinizing witnesses, presenting expert testimony, and highlighting weaknesses in the prosecution’s evidence.
Possible Penalties for a Felony DUI Conviction in San Francisco
A felony DUI conviction in California carries serious consequences:
- 16 months to 4 years in state prison, with additional years for great bodily injury or multiple injured parties
- Fines of $5,000 or more, plus penalty assessments that can triple that amount
- 4 to 5 years’ driver’s license revocation
- Mandatory alcohol education courses and ignition interlock device installation
- Designation as a Habitual Traffic Offender
When an injured party is treated at a trauma center such as Zuckerberg San Francisco General Hospital, those medical records become part of the prosecution’s evidence. Defense attorneys review them carefully to identify inconsistencies or gaps that can affect the strength of the case.
How Samuel Geller Defends Felony DUI Cases in San Francisco
Felony DUI cases in San Francisco move fast, and the stakes are high. The San Francisco criminal defense attorney you choose affects every decision from the first hearing to the final verdict.
Experience Built in San Francisco Courtrooms
Before founding Geller Law, PC, Samuel served as a public defender in San Francisco, where he won a DUI jury trial during his second week on the job. He has been recognized as a Super Lawyers Rising Star and a Top 40 Under 40 Trial Lawyer by the National Trial Lawyers. Every case is handled personally by Samuel from the first call to the final outcome — you work directly with him, not a paralegal or junior associate.
A Record of Real Results
Every felony DUI case turns on its own facts, evidence, and legal issues. Below are examples of results Samuel Geller has achieved in challenging California DUI cases:
- A client arrested for felony DUI causing injury with a BAC of 0.83% and 0.94% had their charge reduced to a misdemeanor. At trial, the jury returned a not guilty verdict.
- A client who blew a BAC of 0.14% and 0.16% had their case dismissed entirely after Samuel successfully argued the traffic stop was unlawful.
- A client arrested at a DUI checkpoint with a BAC of 0.22% was found not guilty after two jury trials, after Samuel proved the breath machine used was faulty.
What Clients Say
Client feedback can help you understand how an attorney communicates, prepares cases, and supports clients throughout the legal process. Here’s what some of our clients say about our firm:
“Sam has been our one stop shop for numerous legal questions over the years. He has always been there when we needed help. Not only was he able to help my family and I on numerous occasions, but he also managed to help numerous friends and coworkers — all of whom were extremely happy with the results. He is very responsive and gets the job done quickly.” — Flyin’ Solo
“From the moment I consulted with him, Sam demonstrated not only profound legal expertise but also a genuine dedication to helping me navigate my legal concerns. He patiently addressed all my questions and concerns, ensuring that I felt informed and empowered throughout the process.” — Diana George
Felony DUI defense involves more than appearing in court. Building a strong defense may require challenging evidence, negotiating with prosecutors, and preparing you for every stage of the criminal and DMV process, including:
Strategic Felony DUI Defense
Felony DUI cases often involve technical evidence, aggressive prosecution, and serious personal consequences. Geller Law, PC guides clients through every stage of the court and DMV process while building a strategic defense tailored to the facts of the case, including:
- Reviewing blood alcohol testing, field sobriety tests, and police procedures for possible errors
- Challenging unlawful traffic stops, arrests, and other potential Fourth Amendment violations
- Seeking reduced charges, alternative sentencing options, or other favorable resolutions where possible
- Representing you during court hearings and DMV proceedings while keeping you informed throughout the case
To learn more about our background, visit our About Us page.
Start Building Your Defense With Geller Law, PC
Time matters after a felony DUI arrest in San Francisco. The decisions made in the first 48 hours can affect your defense, your driving privileges, and how prosecutors approach the case.
Geller Law, PC provides felony DUI defense across San Francisco County and the wider Bay Area. The firm takes a personalized and strategic approach to every case, beginning with a close review of the facts and evidence from the start.
Contact Geller Law, PC as soon as possible to speak directly with Samuel Geller and begin building your defense today.
