Any DUI conviction can cause long-term harm to your life, including your reputation and your employment options. A repeat DUI, however, carries especially serious penalties and consequences. In California, drunk driving penalties increase dramatically with each offense. If you have been charged with a repeat DUI, it is important for you to speak to a seasoned San Diego repeat DUI lawyer who can assess the details of your case. With nearly 30 years of experience, DUI attorney Roseline D. Feral understands how to fight for a driver’s rights and explore all of the options at their disposal.
The basic offense of driving under the influence (DUI) in California consists of getting behind the wheel with a blood alcohol content (BAC) above the legal limit. The legal limits in California are as follows:
- 0.08 percent or higher for people 21 years of age and older;
- 0.04 percent or higher if you have a commercial driver’s license;
- 0.04 percent or higher if you are presently on DUI probation for a previous charge; and
- 0.01 percent or higher if you are under the age of 21.
California DUI penalties are based on how many previous DUIs an individual had in the 10 years prior to the most recent arrest. Most DUIs are prosecuted as misdemeanors, but a DUI may be charged as a felony if an individual has three or more “priorable offenses” on their record within a 10-year period or if they injured someone while driving while intoxicated. A repeat DUI attorney in San Diego can explain whether you are likely to be charged with a misdemeanor or a felony, based on the specific facts of your situation.
It is important to note that this 10-year time frame is a look back period, and priorable offenses within that time include California wet reckless convictions and out-of-state offenses that, if committed in California, would constitute a DUI. A California wet reckless charge is generally the first level of DUI reduction that the prosecution will offer. The “wet’” implies that a person was involved in an alcohol- or drug-related driving offense.
A second DUI offense typically carries fines and fees in the minimum amount of approximately $1,800. It also may result in jail time of up to one year, a license suspension of up to two years, and a mandatory alcohol treatment program that is a minimum of 18 months but can also be as long as 30 months. For a second offense, the installation of an ignition interlock device is mandatory. In addition, it is possible that your vehicle could be impounded for up to 30 days.
A third or subsequent DUI offense typically carries fines and fees in the minimum amount of approximately $1,800, as well as up to one year in jail, with a minimum mandatory jail sentence of 120 days. It also results in the complete revocation of an individual’s license for three years (for a third offense) or four years (for a fourth offense), 30 months in an alcohol treatment program, and the installation of an ignition interlock device.
The penalties can be more severe, and you could be subject to additional penalties, if there are any aggravating factors at issue in the DUI. Examples of aggravating factors include being under the age of 21 at the time of the arrest, causing property damage or injuries, having a BAC of .15 percent or higher, or refusing to take a breath or blood test after your arrest.Contact a Repeat DUI Lawyer in San Diego to Discuss Your Charge
A repeat DUI charge requires the attention of a skilled and knowledgeable criminal defense attorney. Our firm can thoroughly review the facts of your case and determine an appropriate legal strategy accordingly. You can rest assured that our top priority is to protect your rights at every step of the way. San Diego repeat DUI attorney Roseline D. Feral also serves drivers in cities such as Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. Contact our offices today to learn more about your rights. We can be reached online or by phone at 619-232-1010. You can also reach Attorney Feral directly at 619-301-1191.