When there is a felony DUI due to priors, it is the ghost of the past that makes it serious to elevate it to a felony. It’s common for repeat traffic offenses to result in increased penalties. In California, DUI offenses are typically charged as misdemeanors – assuming no one else was injured as a result. However, things become more serious when you receive your fourth DUI charge within a 10-year period. At this stage, California law states that your DUI should be charged as a felony. A felony is considerably more serious than a misdemeanor. In addition to financial penalties, you could face a minimum of 180 days in jail – and as much as three years in prison.
If you are facing a fourth-time DUI you need to take this DUI seriously. It is a felony. You want to be proactive. Get a former prosecutor on your side. Contact the Law Offices of Mark Deniz at 858-751-4384.
Aggravating factors
Not all DUI cases are treated the same. In determining your sentence, the court will consider a variety of factors. There are certain considerations that could enhance your sentence. These include:
- Driving at excessive speed while under the influence
- Driving with an elevated blood alcohol concentration
- Driving under the influence with a passenger under the age of 14
- Causing injury or death to someone else as a result of your impaired driving
- There is a good chance someone is on probation and have now violated it.
Can I avoid going to jail?
A fourth DUI in 10 years could be an indication that you have an addiction problem. If this is your case, then jail time will not help in your recovery. Your lawyer may be able to make a case to get you into a detox and rehabilitation program instead of going to jail or prison. With this option, it is important to demonstrate to the prosecution that you are committed to your sobriety.
Is there any flexibility with my charges?
There are certain complicating factors in proving a pattern of DUI offenses within a 10-year period. For example, if any of your prior charges took place outside of California, it may be harder to establish the requisite timeline. In addition, the legal definition of “under the influence” – or even of “driving” – may differ from state to state, making it hard to prove that your previous charges align with the California requirements. An experienced DUI lawyer can scrutinize all of these details to create the strongest defense possible for your case. Finally, proving someone is .08% or greater AT the time of driving needs to be thoroughly explored. You want to be proactive. Get a former prosecutor on your side. Contact the Law Offices of Mark Deniz at 858-751-4384.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of 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.
