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Handling Your DUI with Past Convictions

While being charged with driving under the influence (DUI) is a troubling matter under any circumstances, repeat drunk driving offenses in California can be particularly serious and can expose drivers to much harsher administrative and criminal penalties upon conviction. Second, third, or even fourth-offense drunk driving defendants are afforded far less leniency by the courts and will generally have less alternative sentencing options available to them, such as community service instead of jail time. As such, repeat offenses are often far more complex and require the trained expertise of a powerful criminal defense attorney in order to be successfully defended against.

Penalties For Repeat DUI Offenses in CA

California has a 10-year lookback period, meaning that any prior DUI convictions, “wet reckless” convictions, or out-of-state drunk driving convictions on a person’s record which occurred within the past decade will be considered in regards to sentencing. In addition, consequences for a repeat DUI can increase depending on the level of alcohol in a defendant’s system, whether or not they refused a breath or blood test, and whether or not they caused an accident or injury to another party.

Penalties for a second DUI conviction include:

  • 3-5 years of probation
  • Between 96 hours and 1 year in jail
  • Up to $1,000 in fines
  • Participation in an 18-month drug and alcohol treatment program
  • A 2-year driver’s license suspension

If convicted of a third DUI, these penalties increase to:

  • Between 120 days and 1 year in jail
  • Up to $1,000 in fines
  • Participation in a 30-month drug and alcohol treatment program
  • Designation as a “habitual traffic offender”
  • A 3-year driver’s license suspension

Fourth or subsequent DUI convictions carry the heaviest penalties, including:

  • A felony charge and possible “strike”
  • Up to 3 years in state prison
  • Up to $1,000 in fines
  • A 4-year driver’s license suspension

I’ve Been Arrested – What Should I Do?

If you have been arrested and charged with DUI for a second, third, or even fourth time, it is vital you exercise your Fifth Amendment right to remain silent and contact a skilled attorney as soon as possible to protect your future and freedom. As far as the prosecution is concerned, you have broken the law more than once and continue to be a danger on the roads. For this reason, you need a defense that can match the tenacity of the prosecution and present the arguments necessary to defeat your charges.

At the Law Offices of David M. Wallin, our Palmdale DUI attorneys has been guarding the rights of the accused for more than 40 years and have secured countless victories along the way. As former prosecutors, we understand the strategies of the opposition and can provide the powerful advocacy you need to maximize your chances of securing a favorable outcome for your case.

Call (800) 860-1383 or fill out an online form today to schedule your confidential case review.

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