DUI with Priors in Vista, California

What Counts as a Prior DUI in California?

Having a previous conviction for drunk driving on your record does not automatically mean you will face increased sentencing. California uses a ten-year “look-back” period in DUI cases, meaning that earlier convictions are considered only if they occurred within ten years of the date of the arrest.

Convictions from other states and DUIs reduced to “wet reckless” are still counted as previous offenses when sentencing. But if a charge is reduced to “dry reckless,” it is not counted as a prior.

What are the Penalties for a Second DUI Offense in California?

If you are convicted of driving under the influence within ten years of a first conviction, you will face harsher DUI penalties under California Vehicle Code 23540 (VC)¹. In San Diego County, a second DUI conviction means:

• Between 96 hours and one year in jail
• Fines of $390 and $1,000 (plus a penalty assessment of 180%)
• Enrollment in an 18-month DUI program
• License suspension for two years
• Mandatory use of an ignition interlock device (IID) for one year
• Vehicle impoundment of up to six months

“While jail time is mandatory after multiple DUI offenses,” explains Peter Liss, “some of my clients are eligible for house arrest.”

What are the Penalties for a Third DUI Offense in California?

If you already have two previous convictions and are charged a third time, you will face even more severe penalties under California Vehicle Code 23546 (VC)². Consequences for a third conviction include:

• Between 120 days and one year in jail
• Fines of $390 and $1,000 (plus a penalty assessment of 180%)
• Enrollment in an 18-month DUI class
• License suspension for three years
• Mandatory use of an ignition interlock device (IID) for two years
• Vehicle impoundment of up to six months

“Judges may add other penalties as well, such as ordering defendants to participate in a DUI class 30 months long,” says Liss.

What are the Penalties for a Fourth or Subsequent DUI Offense in California?

The penalties for those convicted of four or more DUI charges are set forth in Vehicle Code section 23550 (VC)³. While this can be a misdemeanor, Peter Liss says that “prosecutors in San Diego County always file these charges as a felony.” As a felony, these charges are punishable by:

• Up to three years in state prison (if probation is granted, offenders may be sentenced to 180 days to one year in jail)
• Fines of $390 and $1,000 (plus a penalty assessment of 180%)
• Enrollment in an 18-month DUI class
• License revocation for four years
• Mandatory use of an ignition interlock device (IID) for three years
• Vehicle impoundment of up to six months
• Designation as a habitual traffic offender

Multiple Misdemeanor DUI Offenses Summary

The following table summarizes the penalties for those charged with a DUI with a previous conviction:

Sentencing for Multiple Felony DUI Offenses in California

The charges above apply only when the earlier conviction was a misdemeanor. Once someone has been convicted of a felony DUI, any subsequent offenses within ten years will be charged as felonies under 23550.5 (VC)⁴.

Sentencing in these cases is essentially the same as that of a fourth or subsequent conviction, with a maximum prison term of three years.

Vehicular Manslaughter With a Prior: The Watson Rule

Easily the most serious DUI charge is when someone is charged with gross vehicular manslaughter with a prior conviction from within the last ten years. Every person convicted of driving under the influence is given the “Watson admonition,” which warns them that drunk driving is dangerous and doing it again will put them at risk of second-degree murder charges if they cause a DUI car accident resulting in death.

As a result, those with a prior conviction will face 15 years to life if their impaired driving causes the death of another person. “Prosecutors in San Diego County seek life sentences in the majority of these cases,” says Liss.

Aggravating Factors That May Increase Penalties

In some cases, prosecutors may seek higher sentences, including longer incarceration terms, mandatory community service, longer DUI programs, and no opportunity to receive a restricted license. Situations likely to result in DUI sentencing enhancements include:

• Driving with a BAC over 0.15%
• Refusing to take a blood or breath test
• Causing a car accident or injury to another person
• Driving with a minor in the car
• Reckless driving or speeding

Obtaining a Restricted License After Multiple DUI Convictions

Drivers with more than one DUI on their record can obtain a restricted license as soon as their license is suspended. However, they must first:

• Obtain SR-22 insurance
• Install an ignition interlock device
• Enroll in DUI program (a 3-month program is required prior to conviction and 18-month program afterwards)
• Pay a fee to the DMV ($125 after the arrest and another $75 after the conviction is completed)

“While judges may prevent a driver from being able to obtain a restricted license, those in San Diego County rarely choose to do so,” says Liss.

Common Defenses for Repeat DUI Charges

“Fighting a DUI when you already have a conviction on your record is typically more difficult than fighting a first offense because prosecutors will use your past to justify more severe penalties,” explains Liss. “However, there are some methods a San Diego defense attorney can use when representing a client facing a second or subsequent DUI charge.”

Some defense strategies your lawyer may use include:

• Arguing that your prior should not be counted against you (for example, the arrest occurred more than ten years ago or an out-of-state conviction would not have been considered a DUI here)
• Questioning the legality of the arrest
• Challenging the accuracy of the BAC test
• Working to secure a plea bargain that will minimize your sentencing

More information on common DUI defenses used in Vista can be found here.

How a Vista DUI Lawyer Can Help

If you are facing a second or subsequent DUI in San Diego County, attorney Peter M. Liss can help. With an office located just across the street from the Vista Courthouse and jail facility, he has extensive experience defending repeat DUI offenses. As your lawyer, he can help by:

• Working to lower your bail or get you released without bail
• Reviewing the evidence against you and seeking evidence to support your case
• Filing motions to suppress evidence or strike a prior
• Developing a strong defense strategy tailored to your specific circumstances
• Negotiating a plea bargain to minimize your charges or sentencing
• Advising you on the best actions to take before and after your case is resolved

The sooner you act, the longer Mr. Liss will have to build the strongest possible defense. Remember, you only have 10 days to request a DMV hearing if you wish to contest your license suspension.

To schedule a free consultation, call anytime, 24/7: (760) 643-4050