Being convicted of DUI in California for the first time can subject you to severe penalties, but not as severe as being convicted multiple times. DUI consequences increase with every DUI conviction you receive within ten years of the first offense. If you are charged for the fifth time, it means you have already had one felony DUI conviction.
Therefore, the fifth DUI will subject you to another felony charge with potentially far more severe consequences than the first felony DUI. This blog explains the possible legal implications of a California 5th DUI offense and how you can defend yourself if you are facing charges.
The Penalties of a 5th DUI Offense
A judge will convict you of a 5th-offense DUI if you already have four past convictions for DUI. The consequences for a 5th offense DUI conviction are more severe since you are subject to felony charges. Under California law, if a court finds you guilty of DUI and have three or more prior DUI convictions in 10 years, you will face felony DUI charges.
Many judges take multiple DUI convictions very seriously. They assume the driver has not learned their lesson. Thus, they might be more inclined to impose the harshest possible penalties this time. Potential consequences for a fifth DUI offense conviction include the following:
- A fine ranging from $390 to $1,000. The fine may be higher if court and penalty assessment costs are included.
- A maximum of 3 years in prison
- Driver’s license suspension for four years
- Formal or informal probation.
- Designation as a Habitual Traffic Offender (HTO) for three years
- Thirty months of court-approved DUI school program
- Installation of an ignition interlock device (IID)
If you are sentenced to probation, you will be required to follow specific conditions. Some of them include:
- Not to drive with any detectable amount of alcohol in your blood
- You cannot decline to undergo breath, blood, or urine chemical testing if arrested for a subsequent drunk-driving violation.
- You cannot perpetrate any additional offenses.
Based on the facts surrounding your case, the presiding judge may also impose the following conditions:
- Participate in the MADD (Mothers Against Drunk Driving) Victim Impact Program
- Attend AA (Alcoholics Anonymous) or NA (Narcotics Anonymous) meetings
- Restitution payments to victims if you caused a crash while DUI
Violating probation may result in the judge revoking it and remanding you into custody to serve out your original sentence.
The imposition of the consequences for the 5th DUI offense depends on several factors. The driver's BAC level, criminal history, the number of DUI priors, and factors surrounding the case are just a few of the factors. Judges also consider aggravating circumstances in the case. Combined with past drunk-driving convictions, aggravating factors can increase the punishment for your fifth DUI offense conviction. Some of the aggravating factors in a DUI case include the following:
- DUI while serving a probation sentence for a drunk driving conviction
- Declining to undergo chemical BAC testing
- DUI with a child below 14 years old in the vehicle
- Driving with a blood alcohol content level of 0.15% or more
- Reckless driving and speeding
- Causing a crash while DUI
- Underage drunk-driving
These aggravating factors enhance the criminal consequences for a 5th DUI offense conviction. If there is an aggravating factor in your case, you need a skilled lawyer to fight for you. There might be a valid defense strategy to the aggravating factor or mitigating circumstances that a lawyer may successfully assert in court.
How Judges Determine a Sentence for a 5th Offense DUI Conviction
DUIs in California are priorable offenses. That means each drunk or drugged driving conviction within 10 years is considered during sentencing for the present DUI conviction. Put otherwise, convictions for DUI within the last 10 years enhance the seriousness of the consequences for your present DUI charge.
Past convictions may include the same charges you are currently facing, or different but related drunk-driving charges. DUI charges considered priorable for sentencing purposes include the following:
- VC 23152(a), DUI of alcohol
- VC 23152(b), driving a vehicle with a BAC (blood alcohol concentration) of 0.08% or more
- VC 23153, causing death or injury while DUI
- PC 191.5, gross and ordinary vehicular manslaughter while intoxicated
- 5 VC, wet reckless driving (a DUI plea deal)
- A conviction for an out-of-state offense that, if perpetrated in California, would be a violation of any of the abovementioned laws
If a judge has convicted you of a felony drunk-driving offense, then no timeframe exists for using priors for sentencing purposes. Additionally, judges also consider expunged DUI convictions as priors when determining a DUI sentence.
Challenging a 5th DUI offense charge alone is not in your best interest. Your priors are already working against you before you even defend yourself. Thus, you already have a disadvantage. Rather than go through it alone, talk to an experienced DUI defense attorney about how you can fight a conviction or if there is a chance of your charges being reduced through a plea deal so you do not have to face the most severe DUI penalties.
Collateral Consequences of 5th DUI Offense
A fifth offense DUI conviction carries harsher criminal consequences, but it can also subject you to far-reaching collateral consequences. For example, a conviction can result in the loss of some of your civil rights as well as adversely impact your life. Some of the civil liberties you can lose if convicted of a 5th offense DUI are:
- Having a professional license. A conviction for a felony offense can result in you losing your professional license. Your professional licensing board may subject you to disciplinary action, revocation, or suspension of your practice license.
- Having government employment and holding public office. You could be disqualified from securing a government job or holding any public office if you have a felony conviction. Some positions impose specific restrictions, whereas others might consider individual circumstances.
- Possessing a firearm. You will lose your right to bear arms if you are found guilty of any felony offense, and this includes a 5th offense DUI. That means you will not be able to own, purchase, or possess any firearm. The ban on purchasing, owning, or possessing a gun is for life. So, even after you have completed serving your time, this right may not be restored.
- Serving on the jury. You will be considered ineligible to serve on a jury should your criminal record include a DUI felony conviction. Even after you complete your prison term, you might be permanently prohibited from serving on the jury.
- The right to vote. You will lose your right to vote if you are serving time in prison or if you are on parole for a felony conviction. After you complete serving your parole or prison sentence, your right to vote will be restored.
Losing these rights can profoundly affect your life, making it more difficult to pursue some opportunities and participate in society. It is essential to know the weight of these repercussions when facing felony DUI charges.
Other effects a 5th DUI offense can have on your life include:
- Higher auto insurance rates. You may face a significant rise in auto insurance premiums, or you may be unable to obtain insurance coverage.
- Immigration consequences. If you are an immigrant convicted of a felony, you may be reported or denied United States citizenship.
- Employment problems. You may find it difficult to find or keep a job, particularly if your job entails driving.
- Strained personal relationships. Your criminal record may strain your family, friends, and even your romantic partner.
- Difficulty renting an apartment. Prospective landlords usually conduct criminal background checks on potential tenants. When that happens, and they discover that you have had five DUI convictions, they will likely deny your application to live in their apartment or have any transaction with you.
A 5th DUI offense conviction can change your life for the worse. That is why you want to fight and beat these accusations with help from a skilled defense lawyer.
Best Defense Strategies for 5th Offense DUI
Even if it is your fifth time facing DUI charges, you still have the chance to defend yourself. And since the stakes are high and you are looking at severe penalties, you want to have a knowledgeable DUI defense lawyer on your side, helping you beat the charges. The lawyer will analyze the facts of your case and determine the most appropriate defense strategies to argue to increase the chances of winning. Some of the best defense strategies for 5th DUI offense charges are the following:
The BAC Test Results Were Inaccurate
Breathalyzers are devices used to measure the alcohol content in the blood and the alcohol concentration in the lungs. Considering that one test only is inadequate to determine alcohol quantity in the bloodstream, this indirect BAC level evaluation may give a false reading.
Other factors can also cause falsely high breath test results. For example, variations in body temperature when taking the test could result in incorrect readings. Even breathalyzers have a 10% built-in margin of error, which could lead to false BAC results.
Your lawyer can work closely with a forensic toxicology expert to identify mistakes with breathalyzer tests used in DUI prosecution and develop a defense strategy around those matters.
Insufficient Evidence
Under California law, the prosecution must prove specific aspects for the judge to convict you of a 5th DUI offense:
- You were driving under the influence of alcohol or with a blood alcohol content of .08% or more
- You received four prior convictions under the vehicle code sections listed above within the past 10 years of your first DUI.
If the prosecution cannot prove that you were driving while impaired or that your BAC level was 0.08%, your lawyer can argue insufficient evidence. The prosecution must also produce DMV records, court records, or certificates of completion for any court-approved treatment programs to prove prior DUIs. Failure to do so, the judge may dismiss the case for a lack of adequate evidence.
The Arresting Officer Did Not Follow Proper Procedures
A DUI investigation is governed by procedures to safeguard drivers from law enforcement misconduct. According to these procedures, law enforcement officers must:
- Follow Title 17 regulations when administering breath and blood tests. These regulations require that:
- The test administrator observes the driver for 15 minutes before taking the test
- The administrator must have undergone proper training to conduct the tests
- The resting equipment must be properly calibrated and maintained
- The blood or urine samples must be properly collected, handled, and stored
- Have probable cause and reasonable suspicion for a traffic stop, DUI investigation, or DUI arrest
- Read you your Miranda rights before a DUI interrogation
If the officer violated any of the above procedures, your attorney can file a motion to suppress evidence. This motion seeks to exclude any evidence not appropriately obtained and give your attorney a pretrial chance to poke holes in the D.A.'s case and potentially convince them to lower DUI charges or drop the case entirely.
You Were Not Intoxicated
Your lawyer can assert that you were simply driving poorly or erratically, but it was not because you were intoxicated. This defense strategy is particularly appropriate for charges under VC 23152(a). Among the first things D.A.s consider is your driving pattern. They often require arresting officers to testify that a driver was driving like someone under the influence, for example, weaving within their lane or speeding.
If this is the case for you, your lawyer can fight this testimony by requiring the arresting officer to tell the court about all the ways you drive safely. In doing so, they will elicit testimony from the officer that the driving pattern is an unreliable indication of DUI.
Find a Skilled DUI Defense Attorney Near Me
If you are facing 5th DUI charges in California, you need to act fast and involve an experienced DUI defense attorney. The earlier you do so, the higher your chances will be of mitigating the severe penalties you face.
At Jonathan Franklin DUI Attorney, our lawyers understand the severity of your situation and are committed to aggressively defending your legal rights. We will listen to your case details, explain your legal options, and build a defense strategy to obtain the most favorable outcome. Do not let a 5th DUI conviction frustrate your life. Contact us at 323-464-6700 for a free, confidential consultation if you face charges in Los Angeles.
