Santa Ana Multiple Offenses Lawyer
If you have been arrested for your second, third or fourth DUI in California, you will need the assistance of an aggressive and knowledgeable Santa Ana DUI Attorney to ensure that your rights remain intact. The charges for multiple DUI offense get progressively harsher, and it is important that you have a skilled lawyer who can fight for you.
Second DUI Offense in California:
A second offense within 10 years carries additional penalties. California state law requires mandatory minimum sentences for a second conviction for a DUI of either 23152a or 23152b of the California vehicle code. Additional penalties above the state minimum requirements are usually asked for by local prosecutors which are far in excess of the state-mandated penalties. Usually prosecutors ask the court for additional jail commitments and fines.
The law states:
- 3-5 years of probation
- 2 years license suspension
- 18 months of alcohol programs
- Fines up to $1000 plus penalty assessment (over 200% of the original fee in additional fines)
- 96 hours to one year imprisonment
Third DUI Offense in California:
A third DUI offense in California presents even more enhanced penalties. The California legislative has mandated that a third conviction will result in the following mandatory minimal penalties:
- 3-5 years probation
- Up to $1000 in fines plus penalty assessment (200% of the original fines)
- 18 months of alcohol programs
- 3 years license revocation
- 4 months to one year mandatory jail sentence
- With a third DUI offense, you are facing 5 years of probation and you could see 6-9 months in an Santa Ana jail if the prosecutors get what they want. If you are still on probation for other offenses or the prior DUI offense, the prosecutors will probably ask for an additional jail sentence.
Fourth Offense DUI in California:
Almost all fourth offense DUI cases in California are charged as felonies. In Santa Ana, ALL fourth offense DUI cases are charged as felonies. The minimum jail sentence in the case of a fourth offense DUI is 16 months in a state prison. If the case can be reduced to a misdemeanor or probation is granted by the court, the sentence can be reduced. If that occurs, programs in lieu of a jail sentence can be granted.
For every fourth offense DUI in California, the prosecutors must prove that the three prior convictions in the same 10-year period were valid.
The penalties for a fourth offense DUI include:
- Probation up to 5 years (without a prison sentence)
- A 4 year California drivers’ license suspension/revocation
- Up to $1000 in fines plus penalty assessment (200% of the original fines)
- Up to 3 years in a state prison
- Alcohol and drug substance abuse programs and counseling
If you have been charged with any multiple DUI charge, the penalties will be extreme and very harsh unless you contact an experienced, aggressive and dedicated Santa Ana DUI attorney. A competent lawyer can challenge the constitutionality of your prior conviction(s) and disprove the facts of the latest offense case. When you need help with your multiple DUI charges, we at the Law Offices of Thomas Tears can give you the assistance that you need.
Contact Santa Ana Multiple DUI Attorney Thomas Tears to discuss your multiple DUI offenses in California.