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Second Dui or Third DUI : 3 Ways That Prior Convictions Affect Your DUI

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If you have been accused of a Second DUI or a Third DUI, call us today to get defended. We can fight your case. We know the Law, we know the Science and we know the best defenses.

Here’s what you’re facing:

1. Prior Convictions for DUI Will Increase the Sentence the Prosecutor Seeks.

If you have 1 prior conviction for Misdemeanor DUI (or Wet Reckless) within 10 years (measured from occurrence date to occurrence date), a subsequent DUI will be charged with a Prior  Convictionand the Prosecutor will seek to have you serve at least 96 hours (4 days) in jail. If you have 2 Prior Convictions for Misdemeanor DUI within 10 years,  on a subsequent DUI the Prosecutor will seek a minimum of 120 days in jail. If you have 3 Prior Convictions for Misdemeanor DUI within 10 years the Prosecutor will prosecute you for a Felony and seek a minimum of 180 day in jail.

If you have a Prior Conviction for Felony DUI (four of more within 10 years or an accident with injuries) within 10 years, even if the current offense is a misdemeanor DUI, the Prosecutor can charge the current DUI as a Felony and seek a minimum 180 days in jail.

The maximum sentence for Misdemeanor is 6 months in jail for a first and 1 year for the second and third DUI.  A Felony DUI carries a maximum of 3 years in local prison.

2. If You’re On Probation for a Prior Conviction, You Are Facing Increased Jail For the Probation Violation.

On each DUI if you violate Probation you can be sentenced for the maximum for the charge.  For a first time DUI, if you violate Probation you can be punished with up to 6 months in jail. For a second or third time DUI, if you violate Probation you can be punished with up to 1 year in jail.  On a Felony DUI, you can be charged up to 1 year in jail or 3 years in prison on a Probation violation.

A Probation Violation can be charged even if the current charge is too weak to be prosecuted. In a Probation Violation, you have fewer rights and the Prosecutor only has to prove the violation (obey all laws, don’t drive with a measureable amount of alcohol, etc.) by a preponderance of the evidence.  Preponderance means the Prosecutor presents the greater weight of evidence.

3. A Prior Conviction Within 10 Years Will Cause the DMV To Suspend Your License For A Longer Time.

If you have 1 Prior Conviction for Misdemeanor DUI within 10 years, the DMV will suspend your license for a period of two years. You will be eligible for a restricted license, to and from work, after 1 year. If you live in a pilot county (Alameda, Los Angeles, Tulare, Sacramento), you can get a restricted license with an Ignition Interlock Device after 90 days.

If you have 2 Prior Convictions for Misdemeanor DUI within 10 years, the DMV will suspend your license for a period of three years. You will be eligible for an Ignition Interlock Device restriction if you live in one of the pilot counties.

If you have 3 Prior Convictions for Misdemeanor DUI within 10 years, the DMV will suspend your license for 4 years. If you live in one of the pilot counties, you can get an Ignition Interlock Device restriction after 12 months.

You must be enrolled in the Court required alcohol class and have an SR-22 to obtain the restriction.

If you have a refusal, you will not ever be eligible for a restricted license.

See my article about fighting out of state priors here.

If you have any questions about prior convictions, please call me at (213) 479-5322.

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