As a former prosecutor here in San Diego, I can tell you the difference between the first time San Diego DUI and subsequent DUIs are vastly different. You do not want to wait for court to start your defense. You do not want to blow off the DMV hearing because you heard it is a lost cause. You need to prepare and fight!
Taking a look at San Diego DUI with Priors
Even though repeat DUI offenders are only 27% of all convicted DUI offenders, they are still involved in 24% of California’s fatal DUI accidents and 63% of injury DUI accidents. After someone is a repeat offender, he or she is up to 47% more likely to re-offend within five years than first-time offenders. Put simply – this is a slippery slope.
And the police know this. In fact, if you’ve had your license suspended or revoked in the state of California for a DUI offense, the police know exactly who you are – your name, address, photos, and vehicle description. You are now a potential repeat offender.
In an effort called the Hot List Project, the California DMV distributes bimonthly lists of all
(1) suspended driver license numbers and (2) revoked driver license numbers for multiple DUI offenders in police agencies’ jurisdictions.
The 2nd DUI Offense
Unless the situation warrants DUI sentencing enhancements, a 2nd offense in California can result in 96 hours to 1 year in county jail, $390-$1000 in fines, 2 years driver license suspension (eligible for a restricted license after 12 months), and 18 or 30 months of DUI school.
The 3rd DUI Offense
A 3rd offense will likely result in 120 days to 1 year in county jail, $390-$1000 in fines, 3 years driver license suspension (eligible for a restricted license after 18 months), and 30 months of DUI school.
The severity can fluctuate based on particular circumstances, including whether there was an accident, and if there were any injuries. You want to speak to the Law Offices of Mark Deniz, APLC right away to get the ball rolling at 858-751-4384.
The 4th DUI Offense – Is it a felony?
Yes. A 4th offense is going to be filed as a felony, which is the most serious classification of a criminal offense. It is very unlikely that one will have less than 1 year of incarceration time in either a jail or a prison. The offender will likely serve 16 months, 2 years, or 3 years in prison, up to $5000 in fines, 4 years driver license suspension, and 18-30 months of DUI school.
With other penalties and assessments, the out-of-pocket costs can easily exceed $10,000 for a DUI felony charge in California. This figure does not include victim restitution or attorney’s fees.
There are 3 situations that can elevate a DUI offense to felony status. A DUI may be charged as a felony at the prosecution’s discretion if:
- The DUI caused great bodily injury or death to another person.
- The defendant suffered 3 or more prior DUIs—or wet reckless convictions—within the preceding 10 years.
- The defendant has at least one prior felony DUI conviction.
Good GREAT Attorney for a Repeat DUI Offense
Judges are not inclined to show leniency to repeat offenders. In fact, they are going to be downright mad that someone had a second chance and didn’t “learn his lesson the 1st time.” In California, a DUI is a “priorable” offense, meaning that past convictions can be used to enhance the penalties of a repeat offense in the future (within 10 years).
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged with a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384.