Prior Convictions
10 Year Cutoff
If a person has a prior conviction for driving under the influence (and/or alcohol-related reckless driving, 23103 of the Vehicle Code (often used as a lesser charge with a lesser sentence/life consequences than 23152 of the Vehicle Code)) within ten years of the current DUI arrest/charge, it will be alleged in the complaint and adds onto the sentence and life consequences. An Ignition Interlock Device (IID) may be helpful in avoiding license loss. Click here to learn more about IID.
During our firm’s investigation of your case, it will be important for us to know about any prior DUI investigations, including what outcome occurred and when.
Prior convictions (for DUI, or for a drug or alcohol-related driving offense) suffered within ten years of the currently charged DUI increase penalties as follows:
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Minimum jail time will range from forty-eight hours (first offense/no priors) to four days/96 hours (second offense/one prior) or 120 days up to a year (third offense/two priors)
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Probation may last from a minimum of three (first offense) to five years or longer if the driver has prior DUI convictions for a misdemeanor sentence and possibly for longer for a felony conviction
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Fines will increase from $390 up to $1,000 (first offense), to $2,000 (one prior/second offense) to $3,000 (two priors) and higher for a felony sentence.
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Drinking Driver Programs increase in duration from three months to thirty months (two priors/third offense)
Click here to learn more.
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DMV driver’s license suspensions extend from four months (first offense) to one year (one prior) to three years (two priors/third offense). If the driver refused to take a chemical test, the DMV license suspensions extend from one year (first offense), to two years (second offense) to three years (third offense) and these consequences carry over for ten years if there is a later DUI arrest
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The court may order installation of an Ignition Interlock Device/IID (with one prior or more) or the DMV may request proof of installation of an IID with a restricted driver’s license after an administrative per se suspension or as part of probation. More info here
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An alcohol monitoring device may be ordered if the driver has one or more prior convictions upon release from custody to ensure that the driver does not drink or when there has been a test with high blood alcohol content (BAC)
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Meetings, treatment (inpatient or outpatient) or counseling may be ordered to ensure that the driver stays sober when the driver has prior convictions or when the BAC is high
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Felony charges may result if the driver has three or more prior misdemeanor drug and or alcohol-related driving convictions, is involved in an accident (resulting in injury or death) or has a prior felony conviction for DUI within ten years of the current offense. The sentence for a felony may result in state prison (up to three years) or a year in county jail, a period of probation or parole, depending upon the facts of the case and whether any special enhancements are alleged.