If I have a charge on my criminal record that’s not a DUI, will it matter in my DUI case?

If you’ve just been charged with DUI, you probably have lots of questions on your mind. Very few people intentionally drink too much and get behind the wheel on purpose. The reality is that many people have no idea how many (or how few) drinks it takes to put oneself at risk for a DUI. And when the police officer pulls you over and starts questioning you… it’s simply too late. Lots of people have to learn the hard way that even a drink or two can bring horrible consequences including steep fines, license suspension, required DUI education classes, and maybe even jail time.

1^st 2^nd and 3^rd time DUI considerations

In California, for the most part, 1^st 2^nd and 3^rd time DUI charges aren’t felonies. There are certain circumstances when they would be a felony – someone was injured or killed as a result of the driver’s impairment, the driver’s blood alcohol level was way over the legal limit, or a minor was present in the car at the time of the impairment.

But in the majority of DUI cases, a 1^st time charge won’t bring with it the possibility of jail time, and while the fines will still be significant, they won’t be over-the-top like they are in felony DUI cases.  However, 2^nd and 3^rd time DUI cases can result in significant jail time.

4^th DUIs are almost always felonies

For the most part, 4^th time DUI charges will generally be brought as felonies. Even if someone wasn’t injured or killed, and no other aggravating factors were present, these DUI charges will still be felonies and bring with them all the usual penalties.

Concerns about previous non-DUI charges

However, you may be wondering, what about if you have a criminal charge on your record that’s not a DUI one? Will that matter in my DUI case? Am I at risk of being charged with a DUI felony because of my petty theft, child abuse, or fraud case from a few years ago?

The short answer is rather unsatisfying but it’s true – it depends. While you likely won’t be automatically charged with a felony because of a prior conviction, it could impact the sentencing measures imposed if you are convicted of DUI. For example, the judge might decide not to be very lenient with your sentence when he or she sees that you have had a few recent run-ins with the law. The judge may impose a harsher sentence than they normally would to someone else who has had no DUI charges and absolutely no previous criminal record.

Attorney Dan Chambers – best DUI defense attorney in Southern CA

What you need is an expert criminal defense attorney who specializes in DUI cases to evaluate your specific situation and formulate a solid plan to make sure you aren’t convicted of DUI – or that’s unavoidable, to persuasively make sure the judge doesn’t impose harsh sentencing measures in your case.

The best choice in Southern California is DUI specialist attorney Dan Chambers of the Chambers Law Firm. As a former prosecutor and now as a criminal defense attorney, he knows all the ins-and-outs of the court system here in Southern California, and he’ll utilize his unique perspective and specialized skillset to your favor throughout the DUI case.

All prospective clients may schedule a free initial case evaluation with Attorney Chambers now by calling the Chambers Law Firm now at 714-760-4088, by emailing dchambers@clfca.com, or by using the chat box below.