You undoubtedly have a lot of questions if you’ve recently been charged with DUI. Few individuals purposefully drink too much and then get behind the wheel. The truth is that many individuals are unaware of how many (or how few) drinks it takes to be charged with a DUI. By the time the police have pulled you over and begun questioning you, it’s too late. Many people have to learn the hard way that even a single drink may result in severe penalties such as high fines, license suspension, mandatory DUI education sessions, and sometimes even jail time.
Keep reading to learn how past criminal convictions could affect a DUI, whether those past convictions were related to a DUI or not. Then contact Chambers Law Firm at 714-760-4088 right away for a free legal consultation.
DUI factors for the first, second, and third offenses
Generally, DUI convictions for the first, second, and third times are not considered felonies in California. However, if someone was wounded or killed as a consequence of the driver’s impairment, the driver’s blood alcohol level was considerably over the legal limit, or a juvenile was present in the automobile at the time of the impairment, it would be a felony.
In the vast majority of DUI cases, a first offense will not result in prison time, and while penalties will be large, they will not be as severe as they are in felony DUI instances. Second and third-time DUI charges, on the other hand, might result in severe jail time.
DUIs in the fourth degree are almost always charged as felony counts
DUI accusations for the fourth time are almost always prosecuted as felonies. Even if no one was hurt or killed, and there were no other aggravating elements, these DUI accusations will still be felonies, with all of the standard punishments.
Concerns regarding non-DUI charges in the past
You might be asking, what if you have a criminal offense on your record that isn’t related to a DUI? Will this make a difference in my DUI case? Is it possible that my minor theft, child abuse, or fraud case from a few years ago would result in a DUI felony charge?
The simple response is unsatisfactory, but it is correct – it depends. While a past conviction will not inevitably result in a felony charge, it may have an influence on the sentence measures applied if you are convicted of DUI.
When the judge finds that you have had a few recent run-ins with the law, for example, he or she may decide not to be particularly generous with your sentencing. The court may impose a stiffer sentence than they would for someone who has never been charged with a DUI and has no prior criminal record.
Call today for a free legal consultation
What you need is an experienced criminal defense attorney who specializes in DUI cases to assess your unique circumstances and devise a strong strategy to ensure you are not convicted of DUI – or, if that is necessary, to persuade the court not to apply harsh sentence measures in your case. Contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
