The law prohibits a person who is under the influence of any alcoholic beverage or drug from driving a vehicle. A DUI conviction may result in harsh penalties, including hefty fines, loss of license, or even jail time. When you have more than one DUI on your criminal record, these penalties become even more severe. As such, if you are facing a repeat DUI, it is crucial to obtain a skilled defense attorney to represent you in court.
Penalties for Repeat DUIs
Penalties for 2nd DUI Conviction
A second DUI is generally prosecuted as a misdemeanor. The penalties for a second DUI conviction include:
- 96 hours to 1 year in county jail
- Up to $1,000 in fines and additional penalty assessments
- Mandatory license suspension for 2 years
- Permanent commercial license revocation
- 3 to 5 years of probation
- 18 to 30 months in a DUI program
- Installation of an ignition interlock device
Penalties for 3rd DUI Conviction
While a third DUI is still generally prosecuted as a misdemeanor, it carries more severe punishments. The penalties for a third DUI conviction include:
- 120 days to 1 year in county jail
- Up to $1,000 in fines and additional penalty assessments
- Mandatory license suspension for 3 years
- 3 to 5 years of probation
- 30 months in a DUI program
- Installation of an ignition interlock device
Penalties for 4rd DUI Conviction
If you are charged with a fourth DUI, you may be charged with either a misdemeanor or a felony depending on your history. If you received three DUIs and are convicted of a fourth within 10 years, you may face the following penalties:
- 16 months, 2, or 3 years in state prison
- Up to $1,000 in fines and additional penalty assessments
- 180 days minimum in jail if the judge grants probation
- Mandatory license suspension for 4 years
- 30 months in a DUI program
- Forfeiture of your vehicle
- Habitual Traffic Offender status
- Community service
Fighting a Repeat DUI
While getting another DUI may seem hopeless, you can still fight it with the help of an experienced defense attorney. Below, we outline a few ways that you can fight your repeat DUI.
Gather Evidence
You and your attorney may want to gather any evidence that would aid in your defense. For example, your attorney could obtain any video recordings that show the police stop of your vehicle, as well as subpoenaing any witnesses that may support your case. This evidence can show whether the arresting officer followed the necessary procedures or whether any errors were committed, which could possibly acquit you of any charges.
Plea Bargain
Your attorney may be able to settle your case with a plea bargain. Essentially, a plea bargain reduces your drunk driving charge to a lesser offense such as reckless driving or a traffic infraction. Therefore, it is important to hire an attorney who has had experience negotiating with District Attorneys. At Wallin & Klarich, we have the added benefit of knowing many of the local prosecutors and judges, allowing us to get our clients more favorable outcomes.
Seek Rehabilitation
For some repeat DUI convictions, the judge may order a rehabilitation program rather than jail time. These programs are meant to help individuals deal with alcohol and drug addictions. In order to convince the judge to grant rehabilitation instead of prison, your attorney will help to show that you demonstrate a willingness to recover and change your behavior. Our attorneys at Wallin & Klarich are ready to argue your case for a brighter future.
Contact Wallin & Klarich Today
If you or your loved one has been arrested for a repeat DUI, contact Wallin & Klarich as soon as possible to see how we can help. At Wallin & Klarich, we know the most effective defenses to get your charges reduced or dismissed altogether . With 40+ years of experience, our attorneys have helped thousands of clients with their DUI cases, and we have the skills and resources to help you avoid hefty fines and jail time.
With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you.
Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.
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