Proven Approach With Results Forged Through Experience

Mark L. Deniz, Esq.

Second, Third And Felony DUI Charges

A DUI has severe consequences with a first-time DUI and no previous criminal record. If a person is arrested with another DUI within 10 years of a previous DUI conviction, they will be facing even more severe consequences. These cases, more than before, need effective representation.

San Diego prosecutors will likely allege a prior if you have a prior DUI conviction within 10 years. This includes convictions for “wet reckless” convictions as well. If the conviction is outside the state of California, the prosecution may or may not be able to allege the prior. It is an area an attorney needs to research. At our firm, The Law Offices of Mark Deniz APLC, our team uses their extensive knowledge of these cases in determining whether they will be able to use an out-of-state prior against you.

House Arrest And Alternatives To Jail

Not all DUI convictions end with institutional incarceration. House arrest or other forms of alternative incarceration may limit your freedom but keep you out of jail or prison.

At The Law Offices of Mark Deniz APLC, our attorneys know how to present compelling arguments that can allow you to serve your sentence through house arrest or other forms of alternative incarceration.

Second DUI

A second DUI increases the penalties. Many people feel their second DUI case is going to be similar to the first. It is not. Not even in the slightest. It comes with the following:

  • Mandatory custody time
  • Probation for five years
  • Multiple DUI education course that is 18 months long, referred to by the DMV as SB 38
  • 1-year license suspension
  • Higher consideration for Interlock Ignition Device (IID)
  • Higher fines
  • Higher public workdays required

Third DUI

If someone has two previous DUIs within 10 years and is arrested on their third DUI, the prosecution will believe there are major alcohol issues. They will be seeking actual jail time instead of picking up trash or being on an ankle monitor. These cases need to be reviewed very intensely. Some of the mandatory penalties include:

  • Five years of probation
  • Minimum of 120 days to a maximum of one year in county jail
  • 30-month DUI education program
  • Three-year license revocation that after 18 months may be converted to a restricted license
  • Increased fines

Felony DUI

A DUI can become a felony in two instances:

  1. If the San Diego DUI is the fourth DUI within 10 years. All California DUI convictions within 10 years of the felony DUI will be considered felony DUI.
  2. The present DUI involves an injury to another party.

These convictions can result in a prison term. These charges are very serious and can result in losing your driving privileges for several years. Beating a felony DUI charge requires an aggressive and skilled lawyer who knows how to beat the charge and employs effective strategies to resolve your case favorably. Contact The Law Offices of Mark Deniz APLC now for a free case evaluation at 858-429-9982.