California Multiple DUI Law – Los Angeles Multiple DUI Lawyer
In California, the potential consequences of a DUI conviction are directly related to the number of prior DUI or Wet Reckless convictions a person has. The following is a reference chart displaying the potential consequences of a first, second, third, and fourth DUI conviction.
This is not legal advice and was designed merely to educate about some potential consequences of a Multiple DUI conviction.
If you are being prosecuted for a crime, you must speak with multiple DUI lawyers, like those at Manshoory Law Group, who can advise you of the potential risks to your freedom, your finances, and your good name.
Penalties For Multiple DUI Convictions
First DUI Conviction (Misdemeanor)
- 4 days county jail minimum / 6 months county jail maximum
- $390-$1000 + penalties and assessments (Approximately $2100)
- license suspended
- 2 days county jail minimum /6 months county jail max
- $390-$1000 + penalties and assessments (Approximately $2100)
- DUI school (3, 6, or 9 months long, depending on BAC)
- Los Angeles County, install an ignition interlock device (car breathalyzer)
Second DUI Conviction (Misdemeanor)
- 90-day minimum county jail /1-year maximum county jail
- $390-$1000 + penalties and assessments (Approximately $2100)
- license suspended (and the court may decide you can’t get a restricted license).
- 10-day county jail minimum/1-year county jail maximum
- $390-$1000 + penalties and assessments (Approximately $2100)
- 1-year license suspension
- install an Ignition Interlock device in all counties in California
- 18-month DUI school/30-month DUI school at the judge’s discretion
Third DUI Conviction (Misdemeanor)
- 120 days county jail minimum/1 year county jail maximum
- $390-$1000 + penalties and assessments (Approximately $2100)
- “Habitual Traffic Offender” Designation (affects insurance and may lead to other criminal prosecutions related to your status as a habitual traffic offender)
- revoke driver’s license
- 120 days county jail minimum/1 year county jail maximum
- $390-$1000 + penalties and assessments (Approximately $2100)
- “Habitual Traffic Offender” Designation (affects insurance and may lead to other criminal prosecutions related to your status as a habitual traffic offender)
- revoke driver’s license
- 30-month DUI school
Fourth or Higher Multiple DUI Convictions (Felony)
- 180-day county jail minimum and up to 3 years in state prison
Old DUI Convictions & Their Impact on New Charges
Even if your past DUI conviction happened years ago, it may still impact your current case. In California, a DUI stays on your record for 10 years and is used to enhance penalties for any new DUI within that period.
How Old DUIs Affect a New Case:
- If your prior DUI was within the last 10 years → It counts as a prior offense, increasing jail time, fines, and license suspension.
- If your prior DUI was over 10 years ago → It does not count as a prior for sentencing, but prosecutors may still use it to argue for harsher penalties.
- Out-of-State DUI Convictions → Some out-of-state DUIs can be counted in California, depending on how similar the laws are.
Can You Expunge an Old DUI Conviction?
Yes, if you successfully completed probation, you may qualify for DUI expungement under California Penal Code 1203.4. While an expunged DUI does not remove it from your driving record, it can help in job applications and background checks.
Legal Defenses Against Multiple DUI Charges
If you are facing a second, third, or fourth DUI in Los Angeles, it is crucial to understand that a conviction is not automatic. Many DUI cases have weaknesses that a skilled attorney can use to fight the charges. Some common defenses include:
1. Unlawful Traffic Stops
The police must have reasonable suspicion to pull you over. If they stopped you without a valid reason—such as a minor lane drift or profiling—the stop may be illegal, and any evidence gathered (like breath or blood tests) can be thrown out.
2. Faulty Breathalyzers & Blood Tests
Breathalyzers must be properly calibrated and maintained. If the device was defective or used incorrectly, it could give an inaccurate BAC reading. Similarly, errors in blood sample handling (such as improper storage or contamination) can lead to false results.
3. Rising BAC Defense
Your BAC rises over time after drinking. If you were pulled over and tested after alcohol was still absorbing into your bloodstream, your BAC might have been lower at the time of driving than when tested.
4. Field Sobriety Test Inaccuracy
Field sobriety tests (FSTs) like the walk-and-turn or one-leg stand are highly subjective and can be affected by medical conditions, fatigue, uneven roads, or poor lighting. If the officer misinterpreted the results, the test may not be reliable evidence.
5. Violations of Your Rights
If law enforcement failed to read your Miranda rights, conducted an illegal DUI checkpoint, or coerced you into a confession, your case may be dismissed based on constitutional violations.
Alternative Sentencing Options for Multiple DUIs
Even if a conviction is unavoidable, you may not have to serve traditional jail time. Depending on the case and your history, an experienced DUI attorney can negotiate for alternative sentencing, including:
1. House Arrest or Electronic Monitoring
Instead of serving time in county jail, you may qualify for house arrest with an ankle monitor (SCRAM) that detects alcohol consumption.
2. Work Release Programs
Some judges allow work release, where you serve time by performing community service or physical labor instead of sitting in jail.
3. Residential Alcohol Treatment Programs
For third or fourth DUIs, courts may allow rehab programs instead of jail, especially if alcoholism is a contributing factor.
4. Wet Reckless Plea Bargain
In some cases, an attorney may negotiate a wet reckless charge instead of a DUI. This results in less jail time, lower fines, and reduced license suspension.
Contact Manshoory Law Firm Today
A multiple DUI charge can be difficult to face; however, it is not impossible. There may be multiple defense strategies available in your case. Our Los Angeles Multiple DUI Lawyer at Manshoory Law will thoroughly investigate your case to determine any way in which we can help you defeat this charge. Contact our criminal defense attorney for a free consultation and case evaluation.
Just give us a quick call at (877) 977-7750 or fill out the quick form on our website.