If you have a prior driving under the influence, or DUI, conviction, a new arrest and subsequent charge may have devastating effects. With each DUI conviction, penalties dramatically increase. For example, a fourth DUI charge may become a felony. As a result, you can face time in a California prison, if convicted.
In California, anyone convicted of DUI for the first may face:
- Fines.
- Probation.
- Mandatory DUI program.
- Mandatory DUI school.
For a first time DUI offense, Courts generally do not impose jail time. Keep in mind that a first time DUI offender’s actual sentence depends on the facts of his or her case. For an individual who already has a prior DUI conviction on his or her record, penalties will increase.
Another DUI conviction may include a sentence of fines, three to five years of informal probation and other penalties that consist of:
- 96 hours to one year in jail.
- Up to $2,000 fine.
A second DUI conviction ranges from 96 hours to 1 year in county jail. In some situations, a person's sentence can be converted to Caltrans, home confinement or private jail. The conviction may also carry a mandatory requirement of an 18-to-30 month alcohol/drug program, AA courses and community service.
A third DUI has even harsher penalties. A driver convicted of a third DUI faces a minimum of 120 days in jail. He or she may have to pay fines and penalties that total to approximately $2,800. The requirement of a 30-month alcohol or drug program may also be included in a sentence for a third DUI conviction. It is up to the judge’s discretion to require an ignition interlock device, or IID, to be installed on the driver’s vehicle, but the Department of Motor vehicles will typically mandate it. The device requires the driver to provide a “clean” or alcohol-free breath sample in order for the vehicle to start.
Whether another DUI conviction counts as a fourth depends on the circumstances. A driver who has three prior DUI conviction on his or her record within 10 years may face a felony charge for a fourth DUI. This means that the driver faces 16 months, two years or four years in a California prison. This is in addition to other penalties such as:
- Three-year status as a Habitual Traffic Offender.
- Driver’s license revocation for four years
If you have DUI priors on your criminal record, you cannot afford to hope the prosecution does not have enough evidence to convict. Accepting a plea bargain before consulting with a competent DUI defense attorney may do one or two things:
- An unfair sentence; or
- Conviction instead of dropped charges.
The Law Offices of Jonathan Franklin has the skills and resources to aggressively fight even the most complex DUI charges. To learn more about our firm and how to challenge multiple DUI charges, contact us. We will provide you with a confidential, free consultation.
