Blog
Los Angeles Multiple or old DUI Convictions
Los Angeles Multiple or Old DUI Convictions
Getting charged with a DUI in Los Angeles can be a scary and overwhelming experience. But when you’re facing multiple or old DUI charges, it can feel especially daunting. In this article, we’ll break down what happens when you have prior DUI convictions in Los Angeles and what options you have moving forward.
Penalties for a Second DUI Conviction
If it’s your second DUI offense within 10 years, the penalties are significantly harsher than for a first offense[1]. Here’s what you can expect:
- Mandatory minimum of 96 hours in county jail (up to 1 year)
- Fines between $390-$1000 plus penalty assessments
- 18-month alcohol education program
- Driver’s license suspended for 1 year
- Possible ignition interlock device requirement
The mandatory jail time is perhaps the most worrying part for many people. Spending 96 hours or more in LA County Jail can be an intimidating prospect. A skilled DUI lawyer may be able to get the mandatory minimum jail time waived for certain clients through a “Watson advisement”[2]. This involves acknowledging the dangers of drunk driving on record.
Facing a Third DUI Charge
A third DUI offense within 10 years is prosecuted as a felony in California. This means up to 3 years in state prison. Fines up to $1000 plus assessments, an 18-30 month alcohol education program, and a revoked driver’s license for 3 years is also common. Some other consequences include:[3]
- A strike on your criminal record under California’s Three Strikes Law
- Up to 5 years felony probation
- Possible suspension of vehicle registration
Because a 3rd DUI charge has such serious repercussions, having an experienced DUI lawyer represent you is critical. An attorney may be able to negotiate with the prosecution to reduce the charges to a misdemeanor. This depends on the circumstances of your case.
What If My Last DUI Was Years Ago?
In California, prior DUIs stay on your record for 10 years. So even if your last DUI arrest was years ago, it can still count as a “strike” against you and lead to harsher sentences for any new DUI charge.[3] For example:
- 2nd DUI with a prior 7 years ago = Mandatory minimum 96 hours jail
- 3rd DUI with two priors from 8-10 years ago = Potential felony charge
An experienced DUI lawyer can argue that your previous DUIs are “too remote” to use for sentence enhancement. But in general, California courts allow DUI priors to be counted for up to 10 years.
Defenses Against Multiple DUI Charges
Even if you have previous DUI convictions, there are still defenses that an attorney may use to fight new DUI charges. Some common defenses include:
- Illegal traffic stop – If the officer didn’t have probable cause to pull you over, evidence can potentially be suppressed
- Miranda rights violation – If you weren’t read your rights before questioning
- Invalid chemical test – Errors in administering breathalyzer or blood test
- No proof of “operation” – Dispute that you were actually driving the vehicle
- Rising blood alcohol level – Argue your BAC was lower while driving
An attorney will look closely at the details of your case to determine the best defense strategy. Having a skilled lawyer fight the charges aggressively is especially important given the heightened penalties for multiple DUIs.
Getting Treatment for Alcohol Abuse
For those struggling with alcohol addiction, multiple DUI charges can be a wake-up call. Entering an alcohol treatment program shows the court you are committed to sobriety and addressing the source of the problem.
Some of the most common treatment options include:
- Inpatient rehab – Live at a treatment facility for 30-90 days or longer
- Outpatient programs – Attend classes and therapy sessions while living at home
- Support groups – 12-step programs like AA or SMART Recovery
- Medication – Drugs that curb cravings and support sobriety
- Counseling – One-on-one therapy to identify triggers and change habits
Entering rehab shows the court you are committed to sobriety and can help lead to reduced charges or sentences. Your lawyer can advise on programs that will look best to the judge and prosecutor.
Restricted Driver’s Licenses
After a DUI conviction, your license will be suspended for 1-3 years in California. But you may be eligible for a restricted license earlier, which allows driving for specific purposes such as:[4]
- Work
- School
- Medical appointments
- Alcohol education classes
To qualify for a restricted license, you’ll need to show proof of insurance, pay license reinstatement fees, and file an SR-22 form. And you’ll need to either install an ignition interlock device or complete a 90-day or 6-month suspension first. An attorney can advise you on the process.
Expungement of DUI Convictions
Having a DUI on your record can negatively impact your life for years through social stigma and limitations on employment. But in California, it is possible to expunge a DUI conviction from your record under certain conditions, such as:[5]
- You completed probation successfully
- You don’t have additional subsequent DUIs
- A minimum time period has passed (typically 10 years)
If eligible, you can petition the court to dismiss the DUI conviction. An expungement attorney can guide you through the process. Getting a DUI charge removed from your record gives you a clean slate.
Takeaways
Being arrested for DUI is challenging enough. But prior DUI convictions bring a whole other set of hurdles. The penalties are much harsher, and you can face felony charges for a 3rd offense within 10 years. An experienced DUI lawyer is essential to navigate multiple or old DUI charges. They understand how to build an effective defense even with priors. Addressing alcohol abuse through treatment programs can also strengthen your case. And down the road, expungement may help you move on from a DUI conviction. Don’t go through this alone. With the right legal guidance, you can overcome a tough situation.
References
[1] https://www.losangelescriminallawyer.pro/los-angeles-multiple-or-old-dui-convictions.html
[2] https://esfandilawfirm.com/multiple-open-duis-old-dui-charges/
[3] https://www.losangelescriminallawyer.pro/my-last-dui-was-years-ago-does-it-count-against-me.html
[4] https://www.simmrinlawgroup.com/faqs/what-happens-if-you-get-multiple-duis/