What if You Get Multiple DUI Offenses in California?
California Vehicle Code 23152 VC, a stringent law, encompasses most misdemeanor DUI cases when nobody was injured. This statute also covers first, second, and third DUI cases within ten years, highlighting the severe consequences of DUI offenses.
Prosecutors wield significant power in DUI cases, utilizing two main statutes: Vehicle Code 23152(a) VC, which prohibits driving under the influence of alcohol, and Vehicle Code 23152(b) VC, which prohibits driving with a BAC of .08% or higher. This underscores the importance of having a skilled legal team on your side.
Most people arrested for DUI are charged with statutes. If you are suspected of driving under the influence of drugs, you could be charged under Vehicle Code 23152(f) VC.
California Vehicle Code 23153 VC defines driving under the influence as causing injury or death and carries harsh penalties if convicted.
Specific factors are making a DUI a felony, including a car accident with injuries or death, a fourth DUI within ten years, and having a DUI with a prior felony conviction. People with multiple DUIs are a significant concern for police and the courts.
A first-time DUI without aggravating circumstances is usually a misdemeanor in California that carries informal probation for up to five years. Even second and third-time DUIs could also be charged as a misdemeanor. A second DUI in California carries much more severe penalties compared to a first offense.
However, the number of DUI convictions will affect the defendant's sentence, as the penalties will become more severe with each subsequent case. Our Los Angeles criminal defense lawyers will look closely at the law below.
Penalties for a First-Time DUI
California Vehicle Code 23538 VC lays out the penalties for first, second, third, and subsequent DUI offenses. The punishment for a first DUI offense is:
- up to six months in county jail,
- a fine between $390 and $1,000,
- driver's license suspension of 4 months or longer,
- informal summary probation for three to five years,
- three or nine months of an education program,
- potential SCRAM device or installation of an ignition interlock device.
The fee and penalty assessments could significantly increase the costs to $3,600. The defendant might be able to acquire a restricted driver's license, which would allow them to drive to work and back.
The state of California has several statutes known as DUI Enhancement Laws that add more penalties to the standard penalties related to a DUI conviction.
Penalties for a DUI Second Offense
California Vehicle Code 23440 VC increases the jail time for a second DUI offense and imposes a minimum jail time if the second DUI occurs within ten years of the last case. The penalties include:
- no less than four days in jail and up to one year,
- fines of not less than $390 or over $1,000,
- complete eighteen or thirty months of DUI school and
- vehicle ignition interlock device for one year or
- driver's license suspension for two years and a restricted license after one year.
Fees and penalty assessments could increase the costs to $4,000. The penalties will always increase with each conviction within ten years, including California wet reckless convictions and out-of-state DUI convictions.
Punishments for a DUI Third Offense
California Vehicle Code 23546 VC increases the minimum jail time for a third DUI offense within ten years to 120 days:
- maximum jail time is one year,
- fines remain the same, between $390 and $1,000 for a third DUI, with more considerable fines more likely,
- must participate in thirty months of DUI school and
- install a vehicle ignition interlock device for two years, or your license will be suspended for three years.
- possibly convert a suspended license to a restricted license after 18 months.
- designated a habitual traffic offender by the DMV.
Fees and penalty assessments could increase the total costs to $18,000.
Penalties for Four or More DUIs
California Vehicle Code 23550.5 VC increases the DUI to a felony offense if the defendant has three or more prior DUI convictions within ten years of the new DUI.
Further, equivalent convictions in other states could be counted along with plea-bargained convictions of reckless driving under Vehicle Code 123103. A felony DUI offense for multiple prior convictions carries:
- up to sixteen months in state prison,
- fines of up to $18,000,
- thirty months in a DUI school,
- license suspension for up to four years,
- vehicle ignition interlock device, and
- up to five years of probation.
California Vehicle Code 23550.5 VC increases a misdemeanor DUI to a felony if the defendant already has a felony DUI conviction without having multiple other prior DUIs.
California Vehicle Code 23550 VC is the law that defines a fourth-time DUI crime as receiving a fourth DUI within ten years or having three or more prior DUI convictions.
What Factors Aggravate DUI Charges and Sentencing?
Under California law, numerous aggravating circumstances can increase the penalties, such as:
- refusal to submit to a chemical test (breath or blood,
- blood alcohol content (BAC) of .15 or higher,
- under the age of twenty-one,
- DUI causing an accident with serious injury or death,
- DUI with reckless driving, such as excessive speed and
- DUI with a child under 14 in the vehicle.
What Are the Conditions of DUI Probation?
In addition to the penalties that are listed above, a judge will impose probation that will include specific conditions a defendant must follow, such as:
- don't commit any new crimes,
- no driving with any amount of alcohol in your body,
- If arrested for a new DUI, you can't refuse a chemical test,
- participate in a victim impact program at MADD,
- attend meetings at Alcoholics Anonymous (AA), or
- attend meetings at Narcotics Anonymous (NA),
- restitution must be paid to any victims of your DUI.
If you don't follow the terms and conditions set by the judge, you could face a probation violation with more penalties.
What Are the Alternative Sentencing Options for a DUI?
An alternative sentencing option involves serving a sentence instead of time in jail for a driving under the influence conviction. The judge can impose these punishments:
- complete a certain number of community service hours,
- Cal-Trans works on the roadside or highway,
- electronic monitoring or house arrest,
- time in a sober living facility,
- serve time in a private jail.
Your California criminal defense lawyer needs to understand all the potential sentencing options to avoid jail.
If you have been arrested for driving under the influence with prior DUI convictions, then you will need a seasoned legal representation who is a skilled negotiator with the prosecution.
A good defense lawyer can help you understand your rights, navigate the legal system, and potentially reduce your charges or penalties.
With the right legal team, there is potential for reduced penalties and a more favorable outcome for your case, giving you hope and optimism for the future.
Early intervention in your case by our law firm could be crucial to the case's outcome. By taking proactive steps and seeking legal counsel early, you can significantly impact the trajectory of your case.
Negotiating with the filing deputy before filing could convince them not to file formal charges in the first place. This process involves presenting a strong defense and negotiating with the prosecutor before charges are officially filed, potentially leading to a more favorable outcome for your case.
Cron, Israels & Stark is located in Los Angeles, California. We offer a free case review by phone or via the contact form.