The state of California takes the problem of driving while intoxicated (DUI) very seriously. Even a first-time DUI violation carries potential jail time, a 10-month license suspension, and other consequences. But what occurs if you receive several DUIs? Read on to learn the answer and contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation.
What Happens if You Receive Several DUIs?
The answer to this issue partly depends on the dates of the DUI offenses. California has a “lookback” period of ten years. Hence, 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 2020, the 2020 arrest will be treated as a first-time DUI. The 2020 arrest will be considered a second offense if the previous DUI conviction occurred in 2011. Moreover, these prior DUIs must have resulted in convictions rather than just arrests.
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 prove that you have prior DUI convictions. Out-of-state DUI convictions and California wet reckless convictions count as prior offenses for these purposes.
Felony DUI Cases
A felony DUI case will be brought against you by the prosecutor 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.
Your sentence could include:
- 2 to 4 years in state prison, or 16 months in county jail
- Fines of $390 to $1,000
- A four-year license suspension
- A five-year license suspension
- DUI school for 18 or 30 months
- Habitual Traffic Offender status for three years
There Are Defense Options to a Fourth DUI Charge
Defending yourself against a felony DUI charge is doable. A knowledgeable DUI lawyer may fight to have the accusations against you dropped entirely. This could be done using the evidence in your case or by making a legal argument, like the police didn’t have enough justification to arrest you.
Your attorney will also examine each prior DUI or wet reckless conviction to see whether it might be overturned. A 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 retain the services of an experienced DUI lawyer if you have been accused of a fourth DUI. The Chambers Law Firm has experience managing cases involving DUI of all severity levels, including felonies. To arrange a free initial consultation with a member of our team, get in touch with us right now at 714-760-4088 or dchambers@clfca.com.
