What Happens if You Get Multiple DUIs in California?
Nov. 1, 2024
If you're caught driving under the influence (DUI) in California and it’s not your first time, it's important to understand the escalating legal consequences of multiple offenses. California takes DUI violations seriously due to their potential to cause harm and has stringent laws in place to deter repeat offenses.
Are you facing DUI charges with prior drunk driving convictions on your record? Don’t hesitate to speak with the Modesto DUI defense attorney at Roth Legal, A Professional Law Corporation. Attorney Ryan Roth can review the facts of your case and advise you on your options for avoiding another DUI conviction or minimizing the consequences of multiple DUIs.
What Is Considered DUI in California?
In California, you're considered legally impaired if your blood alcohol concentration (BAC) is 0.08% or higher. However, if you're under 21, a BAC of 0.01% or more can result in a DUI charge. Commercial drivers are subject to a limit of 0.04%.
It's important to note that DUI isn't limited to alcohol. Driving while impaired by any drugs, including prescription medications and marijuana, can also result in DUI charges. California law is strict on DUIs, and penalties escalate with each subsequent offense.
What Is the Lookback Period for Prior DUIs in California?
California has a ten-year lookback period for DUIs, meaning any DUI offense within the past decade will increase the penalties for subsequent offenses. Each DUI within this timeframe counts as a prior offense, leading to more severe penalties for repeat offenses.
Jail Time for Multiple DUIs in California
The penalties for multiple DUIs in California increase significantly with each offense.
Second DUI: A second offense within ten years can result in up to one year in county jail (a minimum sentence is 96 hours).
Third DUI: A third offense may lead to a jail sentence of up to one year, or 16 months in state prison if there are aggravating factors (a minimum sentence is 120 hours).
Fourth or subsequent DUIs: Classified as a felony, these offenses can result in 16 months to four years in state prison.
The severity of the punishment underscores California's firm stance on repeat DUI offenses and highlights the critical need for legal counsel when facing such charges.
Driving Restrictions for Multiple DUIs in California
Driving restrictions also become progressively stringent with each DUI conviction in California:
Second DUI: Typically, a two-year license suspension is imposed, although you might qualify for a restricted license after 12 months.
Third DUI: This can lead to a three-year license suspension.
Fourth or subsequent DUIs: A four-year suspension is common, with limited options for restricted licenses.
During the suspension period, obtaining a restricted license might allow driving for specific purposes, such as work or DUI school, but usually requires installation of an ignition interlock device.
DUI School for Multiple DUIs in California
Repeat offenders are often required to complete DUI education programs. These can range from 18 months for second-time offenders to 30 months for third-time and subsequent offenders, focusing on alcohol education and behavioral change. Attendance is crucial, as failing to complete the program can result in further consequences, including extended license suspension or additional legal penalties. DUI school aims to rehabilitate offenders and reduce the likelihood of reoffending.
Aggravating Circumstances That Result in More Severe Penalties
Certain aggravating circumstances can lead to more serious penalties for DUI offenses in California. These include having a particularly high BAC, driving with a minor in the vehicle, being in an accident that causes someone’s injury or death, or having prior DUI convictions. Such circumstances can elevate a misdemeanor DUI to a felony, significantly increasing potential penalties.
Alternative Sentencing Options for Multiple Offense DUI
Judges may offer alternatives like probation, house arrest, or community service instead of jail time, depending on the circumstances and if the offender shows a willingness to rehabilitate. These alternatives aim to provide rehabilitation and reduce repeat offenses while allowing individuals to maintain employment and family responsibilities. However, eligibility for alternative sentencing varies based on the specifics of the case and the offender’s history, which is why you might want to consider working with a DUI attorney to get the most favorable outcome possible.
What Are Your Defense Options When Facing Multiple DUIs?
Legal defenses might include showing the test that showed impairment was inaccurate or unreliable, challenging the legality of the traffic stop, or proving violations of constitutional rights during your arrest. An experienced DUI attorney can analyze the specifics of your case to identify possible defenses.
They can also negotiate with prosecutors to potentially reduce charges or penalties. Understanding and leveraging legal defense strategies is vital to mitigating the consequences of multiple DUIs
Facing Your Second, Third, or Subsequent DUI? Call Attorney Ryan Roth
If you have been arrested for driving under the influence and already have prior DUIs on your record, you are in a tough situation. The penalties you are facing now will be more serious than the last time. But don’t lose hope just yet. You may still have a chance to fight the charge and avoid a conviction altogether.
And Attorney Ryan Roth may be able to assist you with this. Roth Legal, A Professional Law Corporation, is a law firm based in Modesto, California, that serves clients throughout California, including Merced, Stockton, and Manteca. Get in touch today to request a free consultation with Attorney Ryan Roth.