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DUI cases can become even more challenging when they involve defendants who have previous DUI convictions on their records. In cases that involve multiple offenses of driving under the influence, defendants are at risk of facing harsher penalties. This means that if you are facing a second, third or subsequent DUI offense, the stakes are raised even higher than if were simply facing your first offense.
At Thomas Tears, Attorney at Law, our Santa Ana criminal defense attorney can help you determine the penalties you are facing based on your DUI history. He can also help you identify your best options for moving forward with your case. Whether you are seeking a favorable deal with prosecutors or a “not guilty” verdict reached by trial, Attorney Thomas Tears can work diligently to protect your rights and your best interests. Do not hesitate to consult with Mr. Tears concerning your DUI case!
As the number of DUI offenses on your record go up, so do your penalties. Below, we have listed the possible penalties for second, third and fourth DUI offenses in California, as is outlined under California Vehicle Code §23540-23552.
Second DUI Conviction within 10 Years
3 to 5 years of probation
96 hours to 1 year of incarceration
$390 to $1,000 in fines, plus assessment
2-year suspension of driver’s license
At least 18-month of participation in DUI program (condition of probation)
Third DUI Conviction within 10 Years
3-5 years of probation
120 days to 1 year of incarceration
$390 to $1,000 in fines, plus assessment
3-year revocation of driver’s license
30 months of participation in DUI program (condition of probation)
Fourth DUI Conviction within 10 Years
Up to 5 years of probation (as an alternative to prison time)
180 days of incarceration to 3 years of imprisonment
$390 to $1,000 in fines, plus assessment
4-year revocation of driver’s license
Participation in DUI and substance abuse programs/counseling
DUI defendants should be aware that prosecutors may also try to ask for sentencing that is even harsher than the penalties listed here. When defendants have previous DUI records, prosecutors will oftentimes try to use this to the State’s advantage in an attempt to make the defendant look guilty, even when the allegations are based on weak evidence. Regardless of one’s criminal record, each individual has a right to a trial that fairly weighs the facts of his or her case.
If you are dealing with a second or subsequent DUI offense, make sure you get help from a skilled Santa Ana DUI lawyer who has the professional skills you need. With the help of strong legal counsel, you might be able to avoid suffering from harsher penalties that come with these types of convictions. Attorney Tears has been practicing law for 39 years and has handled more than 5,000 criminal cases. Contact our firm today to begin the defense process!