Felony DUI (Four or More DUIs Within 10 Years)
An arrest for a fourth (or more) DUI within a ten year period is a felony charge in California, as a knowledgeable felony DUI attorney in Orange County is aware. Prior DUIs, which count within this ten year period, include most convictions for DUI or DWI in other states and convictions for a "wet reckless" in California1, or a similar conviction in another state. This information is readily shared between most states and will appear on a driver's record. Even a previous DUI that was "expunged" (dismissed under Penal Code section 1203.4) will still count as a prior DUI if the "dismissed" conviction was within the ten year period.
A felony DUI is serious business and can result in substantial penalties, including a possible prison sentence. That is why it is so important to have an experienced Orange County felony DUI lawyer on your side. An experienced attorney will aggressively challenge the DUI arrest. For example, there may be a viable challenge to the chemical test results or to the vehicle stop itself. If there are no available defenses to the arrest, an experienced DUI attorney will look for any opportunity to challenge one or more of the prior DUI convictions in order to remove the prior conviction from the driver's record, thereby avoiding the multiple offender felony conviction. In those cases where a felony conviction is unavoidable, an attorney who understands the workings of the system can often secure a sentence that includes rehabilitation in lieu of incarceration.
William Weinberg is a felony DUI lawyer in Orange County who has over 20 years experience defending clients arrested for driving under the influence, including those charged with a felony DUI. He will diligently review your particular case and will vigorously defend your rights under the law. If you have been arrested for driving under the influence, contact Mr. Weinberg at any time. He will work with you and your family to provide a fee structure that best suits your circumstances.Punishment2
The punishment on a felony DUI (four or more) DUI can be quite severe and can even result in a lengthy sentence of incarceration in state prison. Depending on the circumstances underlying the conviction, a person convicted of a felony DUI can face a revocation of his or her driving privileges for up to four years3, mandatory jail time with the possibility of a sentence of up to four years imprisonment in state prison, and/or three to five years formal probation. The person convicted on his or her fourth (or more) DUI within a ten year period will be ordered to complete up to 30 months of DUI classes and will have a "Habitual Traffic Offender" designation on his or her DMV record for three years, which will result in increased penalties for subsequent driving offenses4. As with any DUI conviction, a driver faces enhanced penalties for driving with a BAC above .15%, having a child under the age of 14 in the car at the time of the arrest, causing an accident, or for driving recklessly while under the influence. It is important to consult an Orange County felony DUI attorney who can help you try to avert or minimize any penalties.
1 Veh. Code §23103.5
2 Veh. Code §§13352, 23550, 23552, 23600
3 Restriction eligibility for non-commercial driving privileges may be reinstated after 12 months
4 V C Section 14601.3