Felony DUI: Fourth DUI within 10 Years

LOS ANGELES FELONY DUI LAWYER
In California, a DUI arrest can be a felony if (1) the DUI causes injury or death, (2) the driver has a prior felony DUI, or (3) the driver has three (or more) prior DUIs within 10 years.  It does not matter whether the priors occurred in California or in another state; they will still be treated as priors for the purpose of repeat DUI sentencing.  A prior DUI can be a misdemeanor DUI, a DUI causing injury or death, or even a DUI arrest that was reduced to a "wet reckless" pursuant to VC 23103.5. 

Like all DUI offenses, an arrest for a Fourth DUI within 10 years will give rise to two separate proceedings.  The DMV Administrative Per Se (APS) process is set up to suspend your driving privilege 30 days from the date of arrest unless you request a DMV hearing within 10 days of arrest.  Also, a Fourth DUI within 10 years will be charged as a felony in Superior Court.

The APS process is similar in fourth DUI cases, but does carry more severe penalties.  

Where a Fourth DUI differs most is that it will be a felony in Superior Court.  As a felony, your fourth DUI, even if you've never injured anyone, can result in a California State Prison Sentence.  The minimum sentence for a Fourth DUI in California is 180 days in County Jail, but can also result in a State Prison sentence of two, three or four years.

A second offense DUI can be charged as a felony if the driver's first offense caused death or injury.  If someone has a prior felony DUI conviction, even a simple DUI arrest can lead to felony charges.  This means that blowing a .08 at a checkpoint could land someone a 4 year term in state prison, if the prior is alleged.

Felony DUI cases carry very serious consequences and require a passionate, dedicated defense to get you the best result possible.  Through plea negotiations, or beating your case at trial, you can avoid the disastrous consequences that accompany repeat DUI offenses.  If you are facing a felony DUI, contact our office now for a free consultation.

The DMV Administrative Per Se (APS) process is fairly similar.  You have 10 days from the date of arrest to request a DMV hearing to save your license.  Otherwise, your license will be suspended 30 days after your arrest.  Unlike the 4 month suspension associated with a first DUI, the administrative suspension on a fourth DUI is 4 years.  This makes the DMV hearing that much more important for repeat DUIs.  A California DUI attorney can help you save your license if the police lacked probable cause for your DUI arrest or cannot establish that your BAC was above .08 at the time of driving.

If you have been arrested for DUI, and have had three prior convictions for DUI, including DUI charges that were reduced to a "wet reckless" through plea bargaining, you need a skilled, knowledgeable DUI lawyer on your side.  Avoiding a DUI conviction is very important, and can keep you out of prison.  If your case is really bad, and you don't have any defenses, your LA Felony DUI Lawyer can help you serve your time in a rehab facility or other court-approved treatment program.

Some common DUI defenses include:
Mouth Alcohol,  Rising BAC,  How Accurate are Breathalyzers?,  Did Police Follow Proper Testing Procedure,  Do Field Sobriety Tests Prove Anything?,  Alcohol and Drugs are NOT the Only Causes of Bad Driving, and MORE.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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