Felony DUI Charges Reduced to Misdemeanor — Client Avoids Prison

What Happened

T.A. was charged with felony DUI causing injury under VC 23153 following a traffic collision in the San Fernando Valley. With a prior DUI conviction on his record from eight years earlier, he faced a mandatory state prison sentence if convicted. The stakes could not have been higher — his commercial driver’s license, his livelihood, and his freedom were all at risk.

Attorney Chris Nalchadjian took on the case immediately after the arrest and began a thorough investigation of the evidence. The prosecution’s case rested heavily on blood alcohol test results showing a BAC above the legal limit and an accident reconstruction report placing fault on our client.

In California, felony DUI under VC 23153 requires the prosecution to prove both that the driver was under the influence and that their driving caused bodily injury to another person. Challenging either element can be the difference between a felony conviction and a negotiated resolution.

Attorney Chris identified significant irregularities in the blood sample collection process. The chain of custody documentation contained gaps that raised serious questions about whether the sample tested was actually our client’s blood. Additionally, the accident reconstruction expert’s methodology was flawed — the report failed to account for road conditions and the other driver’s speed at the time of impact.

Faced with a suppression motion targeting the blood evidence and a credible challenge to the injury causation element, the District Attorney agreed to reduce the charge to misdemeanor DUI under VC 23152. The client received informal probation, DUI school, and fines — no jail time, no felony record, and most importantly, no prison sentence.

The Defense Strategy

The client faced felony DUI charges after an accident involving minor injuries and a prior DUI conviction within 10 years. We challenged the blood alcohol test results by scrutinizing the chain of custody of the blood sample and identifying procedural violations in how it was collected and stored. We also challenged the accident reconstruction report used by the prosecution. After extensive pre-trial negotiations, the District Attorney agreed to reduce the charges to a misdemeanor DUI with no jail time.

What This Meant for the Client

The client avoided felony status which would have cost him his commercial driver's license and his job. He was placed on informal probation, completed DUI school, and was able to continue working and supporting his family.