The state of California takes the problem of driving while intoxicated (DUI) extremely seriously. Even a first-time DUI violation carries potential prison time, a 10-month license suspension, and other consequences. But what occurs if you receive several DUIs? Keep reading to learn more about this case and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The dates are essential
The answer to this issue partly relies on the dates of the DUI offenses. California has a “lookback” period of ten years. Therefore, DUI convictions will only be considered a prior offense if they took place less than ten years prior to the present arrest.
If you were arrested for DUI in California in 2007 and again in 2022, the 2022 arrest will be treated as a first-time DUI, as a DUI lawyer in Orange County, CA may explain. However, the 2022 arrest will be considered a second offense if the previous DUI conviction occurred in 2013. Moreover, these past DUIs must have resulted in convictions rather than merely arrests.
The prosecution will used various methods to obtain information about your past
A prosecution will utilize court records, your Department of Motor Vehicles (DMV) records, and certificates of completion from court-ordered alcohol or drug programs to establish that you had past DUI convictions. Out-of-state DUI convictions and California wet reckless convictions count as prior offenses for these purposes.
A fourth DUI will be charged as a felony
A felony DUI case will be brought against you by the prosecution if you have at least three prior DUI convictions. The particular sentence depends on the circumstances of your case, your blood alcohol content (BAC) at the time of the arrest, any aggravating circumstances, the number of past DUI convictions you have had, and how long ago those convictions occurred.
You could face a sentence of two to four years in state prison, or 16 months in county jail, a penalty of $390 to $1,000, a four-year or five-year license suspension, DUI classes for 18 or 30 months; and having status as a habitual traffic offender for three years.
You do have options if you are facing a DUI
Defending yourself against a felony DUI accusation is doable. A knowledgeable DUI lawyer in Orange County, California, may fight to get the accusations against you dropped entirely. This might be done using the evidence in your case or by making a legal argument, such the police didn’t have enough justification to arrest you.
Your attorney will also examine each past DUI or wet reckless conviction to see whether it might be overturned. Your felony DUI charge may be reduced to a misdemeanor if even one prior conviction can be removed from your record.
It is essential that you get the services of an experienced DUI lawyer if you have been accused of a fourth DUI. Chambers Law Firm has expertise managing cases involving DUI of all severity levels, including felonies. Call or email us right now to arrange a free first consultation with a member of our team at 714-760-4088 or firstname.lastname@example.org.