DUI offenses are ‘priorable,’ meaning subsequent charges will carry harsher penalties compared to the previous charges. If you're facing charges for a fourth DUI violation, you can expect the prosecutor to scrutinize every aspect of the case in trial and during the plea bargain. Judges and prosecutors rarely assume that a fourth DUI offender is no longer a threat or that he or she has learned their lesson. Therefore, you should seek professional legal counsel if you want to challenge the charges leveled against you.
Our attorneys at California Criminal Lawyer Group in Santa Ana have extensive expertise in representing repeat DUI defendants in court. We can work with you to build a strong defense strategy that might see your charges reduced or dropped.
Overview of California's 4th DUI Offense
A California DUI is normally considered a priorable offense. This implies that the penalties get enhanced each time you are found guilty of a wet reckless crime or any other DUI charge.
If you're apprehended for a DUI offense with at least three prior DUI convictions within the last 10 years, you'll most likely be charged with a fourth DUI offense. A fourth offense DUI is considered a felony crime.
According to California VC 23152, prior convictions include any of the following:
- Driving under the influence VC 23152a.
- Having a blood alcohol concentration (BAC) of 0.08 percent or above while operating a motor vehicle VC 23152b.
- Wet reckless VC 23103.5.
- Any conviction obtained outside of the state that can be regarded as a conviction for any of the offenses listed above.
- Expunged DUI convictions for any of the offenses mentioned above.
Elements of the Crime
According to California VC 23152, the prosecutor's office has to demonstrate the following elements to prove that the defendant committed a 4th offense DUI:
- The accused operated the vehicle.
- The defendant was driving with a BAC level of .08% or more.
- The accused has three prior DUI convictions for violating California vehicle laws within 10 years.
The prosecutor will use evidence such as your California DMV record, court records, and certificates of completion from mandatory alcohol or drug education courses to prove that you have at least three prior DUI convictions. California DMV records can verify California DUI and wet reckless convictions, whereas records from the court system and DMV of another state can verify convictions obtained there.
Key Terms Defined
Below is the definition of the key terms for the elements.
Driving
A police officer will have sufficient evidence to initiate an arrest if he or she witnesses the accused operating the motor vehicle. However, it's not always the case. The defendant might have been sitting in the driver's seat and did not move the automobile, or he or she might even be sleeping.
The circumstances associated with drinking and driving vary daily. As a result, the prosecutor's evidence won't be considered sufficient to show that the defendant was inebriated. The prosecutor needs to provide proof that the accused was operating the vehicle while inebriated. The vehicle should have moved for driving to be considered as circumstantial evidence.
Under the Influence
A person is considered to be "under the influence" of alcohol under California VC 23152. In other words, the defendant will face DUI charges if the amount of alcohol ingested makes it impossible for him or her to drive as safely as a sober motorist would under the same conditions.
How you drive does not necessarily indicate whether you were behind the wheel while inebriated. It is only one of several things the court takes into account when making its decision.
How the Prosecution Establishes That the Defendant Was Driving Under the Influence
California's fourth offense DUI is a subjective crime, and the prosecutor will present proof that the accused was operating a vehicle while impaired based on the arresting officer's perceptions. The allegations brought against the accused begin once the arresting officer provides evidence of everything that the accused did wrong.
The police tend to attest that the defendant was swerving, incapable of driving cautiously like a sober motorist and acting erratically. Additionally, the officer who is testifying will provide proof that the accused displayed noticeable signs of impairment, like slurred speech, a wobbly stride, and watery, red eyes.
Penalties for a 4th DUI Offense
California felony DUI crimes are severe and necessitate a strong defense. A fourth DUI charge stems from having many prior DUI convictions. However, the punishments vary from case to case based on the blood alcohol concentration (BAC) levels, aggravating factors, and the circumstances of the arrest.
The following penalties apply to a fourth DUI offense:
- A prison term of 16 months, two, or three years.
- Fines between $390 and $1000.
- A four-year driver's license revocation.
- Three-year registration as a Habitual Traffic Offender.
However, under SB 1046, the accused is still allowed to drive as long as he or she has an ignition interlock device (IID) installed in their vehicle and uses it for at least 3 years. Ignition interlock devices are breathalyzers that prevent the car from starting if alcohol is detected.
Fourth DUI Offense Causing Injury
If another individual was injured as a result of a fourth DUI, you're likely to face the following penalties:
- 16 months to a maximum of ten years in prison, with an additional period of one to six years behind bars dependent on the number of individuals hurt and the nature of the injuries.
- A $5,000 maximum fine.
- Drug or alcohol rehabilitation program for 18 to 30 months.
- Getting a strike on your record under the Three Strikes Law.
- Register as a habitual traffic offender.
- Paying restitution to the victims.
- You must install an IID for a maximum of three years in order to continue driving your vehicle.
- Suspension of your driver's license.
A fourth offense DUI that results in death is treated differently. This offense may result in a criminal record strike and a life sentence in prison.
Probation Conditions
If you are sentenced to probation, you should comply with the following rules:
- You shouldn't drive a vehicle if you have any measurable amount of drugs or alcohol in your system.
- If you're arrested for DUI again, you should not refuse to submit to chemical tests.
- You shouldn't engage in additional crimes.
If applicable to your specific situation, you could also be required to comply with the following terms and conditions:
- Participate in meetings of Alcoholics Anonymous (AA) or Narcotics Anonymous (NA).
- You are required to take part in the MADD (Mothers Against Drunk Driving) victim impact program.
- Have an IID installed in the vehicle you drive.
- Restitution if your DUI action caused an injury or property damage.
If you violate any of these rules, the probation period could be revoked and you could receive a new sentence from the judge.
Aggravating Factors and Enhanced Penalties
Aggravating factors include facts and conditions that, if exist at the moment of your arrest, will raise the severity of your punishment. They include:
- Declining to submit to chemical testing, carries an additional 18-day jail time.
- Driving recklessly or speeding (at 20 mph on the road or 30 mph on the highway) attracts an additional sixty days behind bars.
- Having a passenger who is under the age of fourteen when you are arrested, which results in an additional 90 days behind bars. If found guilty of violating California PC 273a (Child endangerment), you could get a sentence of up to 6 years in prison.
- VC 23153 (DUI causing injury) carries a two-year minimum sentence in prison, a three- to six-year sentence for serious bodily harm, additional sentences of 1 to 3 years for every injured person, and a $5,000 fine.
- California DUI manslaughter carries a penalty of 16 months, 2 or 4 years in jail, as well as $10,000 in fines.
- Watson's murder is classified as a second-degree murder under California PC 187, which carries a $15,000 fine and a sentence of 15 years to life in prison.
DUI Arraignment Process
The DUI court proceedings begin with the arraignment and end when you are sentenced or cleared of the allegations. At the DUI arraignment, the prosecutor issues the defendant a first offer. In this case, an offer is a punishment that the prosecutor accepts and suggests the accused accept in exchange for a guilty plea.
The offer gives you the option to enter a not guilty, guilty, or no contest plea to the allegations against you. If you enter a guilty plea, the case will be closed, and you'll be sentenced to prison. If you enter a not-guilty plea, you are entitled to examine and contest any proof the prosecutor has submitted.
Legal Defenses for 4th Offense DUI
Identifying the weaknesses and strengths of a DUI case can be challenging without legal knowledge or expertise. This is because the California DUI rules are complex, constantly evolving, and specific to each case. Therefore, consulting with an experienced criminal defense lawyer can be helpful.
Your DUI lawyer can raise the following legal arguments in your defense:
Objective Intoxication Symptoms Are Not the Same as a DUI
Challenging the prosecutor's case of using intoxication signs to demonstrate that the defendant was drunk is one of the best ways to fight DUI charges. The arresting officer can testify that the accused was inebriated due to his or her slurred speech, unsteady stride, flushed face, watery and red eyes, and alcohol breath odor.
A defense lawyer might be able to explain that the symptoms were due to allergies, exhaustion, physical harm, sun exposure, a cold, or eye discomfort. The attorney could also make the argument that the odor of other ingredients included in both non-alcoholic and alcoholic beverages, such as hops and malt in beer, can be mistaken for that of alcohol.
The Arresting Officer Didn't Follow Title 17 Chemical Test Regulations
Title 17 of the Code of Regulations specifies the guidelines for conducting chemical tests. These conditions include the following:
- Proper training of the arresting officer administering the urine, breath, and blood tests.
- Chemical testing equipment should be serviced and calibrated regularly.
- Proper chemical test administration.
- Proper collection, management, and storage of blood samples or, in rare instances, urine samples.
- The arresting officer observed the accused for fifteen minutes before initiating the arrest.
Failure to comply with Title 17 rules can result in inaccurate chemical test findings. A knowledgeable DUI lawyer can successfully contest the charge of drunk driving allegations against the defendant by pointing out that not every detail was thoroughly followed.
Lack of Probable Cause
A law enforcement officer does not have the legal authority to stop you if there is no reasonable cause to do so. If you're pulled over for a broken taillight and it turns out that you are under the influence, the law enforcement officer has the legal authority to arrest you.
However, before asking you to take a field sobriety or breathalyzer test, the law enforcement officer should have a valid reason. Operating a vehicle with a broken tail light isn't sufficient to warrant an appeal for the tests from an officer. The officer could require you to take the exams only if he/she detects actions that indicate you could be impaired. Examples of such actions can include difficulty understanding the conversation, having an open, visible alcoholic beverage in the vehicle, or having a strong alcoholic odor.
In order to determine whether the officer had reasonable cause to pull you over or a good reason for apprehending you, your lawyer can ask to see the dash camera footage of the incident. If the officer had no justification for carrying out any of these things, the evidence gathered at the site of the arrest would be inadmissible in the courts.
The Arresting Officer Didn't Follow Proper Procedures
Failure to comply with legal requirements is a strong defense against accusations of a fourth DUI offense, just like allegations of multiple crimes. Procedures that shield an accused from improper police conduct ought to be used to guide a DUI investigation.
The procedures include the following:
- A requirement that law enforcement officers had reasonable cause to conduct a traffic stop, make an arrest for DUI, or conduct a DUI investigation.
- Regulations and practices under Title 17.
- Before the DUI questioning, the officers recited the Miranda rights to the defendant.
When you are being detained by the police, you should be informed of your Miranda rights before being questioned. Your attorney can request a hearing under California PC 1538.5, a suppression hearing if any of the rights are violated.
The hearing helps to:
- Eliminate any proof that wasn't legally obtained.
- Give your legal counsel a chance before trial to highlight weaknesses in the prosecutor's case against the defendant and convince the judge to drop or reduce the. charges.
The DUI Sobriety Checkpoint Violated the Law
DUI sobriety checkpoints must adhere to the strict legal standards outlined below:
- Having officers arrange, supervise, and oversee the checkpoint.
- Publicly advertising the roadblock.
- Make sure that the field officer follows a predetermined protocol for pulling over vehicles.
Your lawyer can successfully dispute your detention and charges of drunk driving if any of these conditions are not followed.
Rising BAC Level
Taking alcohol before driving is not against the law. The act of operating a vehicle while inebriated is what is considered illegal. When you consume alcohol, your BAC level increases gradually and quickly until it peaks. During this period, the BAC levels are likely to rise, which lasts about 50 minutes.
Therefore, the results of the chemical tests could be inaccurate if your BAC level continued to rise when the law enforcement officer pulled you over. It is possible that your blood alcohol concentration increased over the legal limit after you were pulled over for DUI, but not while you were really driving.
How to Prevent Having Your Driver's License Revoked
When you are arrested, law enforcement officers will seize your driving license and give you a notice of suspension. This notice can be used as a temporary driving license for up to 30 days. The notice also informs you that you are entitled to a DMV court hearing, which needs to be sought within 10 days of your arrest.
You are entitled to legal representation from a DUI defense lawyer even if the DMV hearings are not the same as the criminal court proceedings. Additionally, you have the right to review any evidence used against you and to scrutinize any witness statements under cross-examination. You can bring along witnesses or offer your evidence.
Once the DMV hearing is concluded, you'll be given a written verdict. You can ask the DMV to carry out an administrative assessment of its judgment if the verdict to revoke your driving license is upheld. Additionally, you have the right of appealing that judgment to the superior court. Failure to apply for a California DMV hearing within the deadline or to lose the hearing results in the revocation of your driving privileges.
How to Reinstate a Revoked Driver's License
If your driver's license has been revoked and you would like to reclaim your driving privileges, you can follow these steps:
Know the Specifics of Your Case
Depending on the reason why your driving license was initially revoked, there could be a first requirement to get it back. To find out what to do, get in touch with the DMV and ask them to look into your issue. When making the call, ensure that you have your old driving permit number and all of the information that the California DMV gave you.
Complete all Revocation Conditions
You can be obligated to pay fines, fees, court-related costs, and other DMV-imposed penalties. Additionally, you must finish your sentence and complete a DUI school program before presenting any supporting documentation. You'll also need to show documentation for an SR-22. Most of the time, this serves as evidence of auto insurance.
Submitting Necessary Documents and Payments to the DMV
After completing the above procedures, you're ready to apply for your driver's license renewal. At times, if your revocation term is still in effect and you have satisfied the majority of the conditions listed above, you could be granted a restricted driving license.
What Happens if You Win a DMV Hearing?
If you successfully appeal your suspension with the California DMV and the hearing officials reverse the action, you would be reinstated to your right to drive. It also implies that you can negotiate a better deal when you enter a plea. Furthermore, if the California DMV hearing reveals weaknesses in your case, it can persuade the judge to rule out the claim.
However, because the DMV hearing and court procedures are distinct, winning a California DMV hearing does not automatically transfer over to jury trials. The prosecutor might still believe that he or she has substantial evidence against you for other reasons. If you are found guilty of a DUI offense, the court has the authority to revoke your driver's license. For this reason, retaining legal counsel with experience in both systems is highly recommended.
Is it Possible to Get a Fourth DUI Conviction Erased from My Record?
A fourth DUI conviction can be expunged from your record, just like any other California DUI offense. If you were found guilty of a felony crime, you should first ask the court to lower your charges to a misdemeanor crime.
The next thing to do is to submit a court-filed petition for an expungement. However, you must meet certain stringent requirements for qualifying for a criminal record expungement. You can submit your application through an attorney or in person. The court then has two options:
- Give you the option to change your guilty plea to a "not guilty plea".
- Set aside a guilty verdict if the accused was convicted after entering an "innocence plea".
In both instances, the court will drop all charges brought against you, relieving you from all repercussions related to the offense.
Contact A Santa Ana Criminal Defense Attorney Near Me
A fourth conviction for driving under the influence bears severe consequences that put your family, social life, income, and profession in jeopardy. You should engage with a DUI defense attorney to have a better chance of fighting these charges. Our legal team at California Criminal Lawyer Group in Santa Ana will analyze the evidence and charges against you and develop a solid defense to increase your chances of winning. Call us today at 714-844-4151.
