Repeat DUI Defense In Orange County
A repeat DUI charge can bring harsher penalties than a first offense because the court and DMV may treat a prior conviction as part of the current case. For drivers in Irvine and throughout Orange County, the consequences can affect their license, record, freedom, work and future opportunities.
For over 40 years, Ron Cordova, Attorney-At-Law, has defended people facing serious criminal charges in California. With extensive experience in state and federal courts, he has tried more than 150 jury trials throughout his lengthy career and understands what is at stake when a DUI charge is not a person’s first.
How California Counts Prior DUI Offenses Under The 10-Year Lookback Period
California courts look back 10 years from the date of the current arrest to see whether the driver has a qualifying prior DUI-related conviction.
Under California Vehicle Code section 23622, prior DUI offenses can increase punishment when you are convicted again within the lookback period. A prior offense may count if it involved:
- A DUI conviction within the last 10 years
- A wet reckless conviction within the last 10 years
- A DUI with injury conviction under Vehicle Code section 23153
- A prior DUI conviction from another state
- An out-of-state offense that is similar enough to a California DUI
This does not mean every old arrest can be used against you. An arrest without a conviction should not count as a prior DUI conviction. Additionally, charges older than 10 years usually do not count as ordinary DUI priors, though felony DUI history can create more serious issues.
Felony DUI priors are different because they can affect how a later DUI is charged, even when the new case does not involve injury.
What A Second DUI Can Cost In California
A second DUI can expose a driver to criminal penalties and DMV penalties. These two parts of the case are separate, which means you may have to deal with the court while also protecting your driving privileges through the DMV process.
For a second DUI conviction in California, possible criminal penalties include:
- 96 hours to one year in county jail
- A base fine of $390 to $1,000
- Added penalty assessments that may push total costs to $4,000 to $5,000 or more
- Three to five years of informal probation
- 18 or 30 months of DUI school
- Possible community service or other court-ordered conditions
The DMV side can also be serious. A second DUI may lead to a two-year license revocation through an administrative per se action. A restricted license may be available after a period of time, but the driver may need to install an ignition interlock device before driving legally.
A second DUI can also require state Route 22 insurance. This filing may raise insurance costs and make it harder to keep affordable coverage. The conviction can also remain usable as a prior DUI for 10 years, which means another arrest during that period may lead to even harsher penalties.
Because these penalties can overlap, it is vital to work with a DUI attorney to help the driver understand the court process, the DMV process and the possible defenses available in the case.
How A DUI Can Become A Felony In California
In California, certain facts can raise a DUI to a felony, and the consequences can be life-changing. A felony conviction may affect employment, housing, licensing, immigration issues and civil rights. A DUI may become a felony:
- Four DUIs within 10 years: A fourth DUI within the 10-year lookback period may be charged as a felony under Vehicle Code section 23152. Penalties may include 16 months, two years or three years in state prison, along with formal felony probation in some cases.
- DUI with injury: A DUI involving injury may be charged as a felony under Vehicle Code section 23153, even if it is a first offense. If the driver has a prior DUI, prosecutors may be much more likely to treat the case as a felony.
- DUI causing death: If a DUI results in someone’s death, prosecutors may pursue vehicular manslaughter under Penal Code section 191.5. If the driver has prior DUI convictions, the case may also be charged as Watson murder, which is a form of second-degree murder.
- Prior felony DUI: If someone already has a felony DUI conviction, any later DUI may automatically be charged as a felony, even if the new arrest would otherwise look like a misdemeanor.
The Watson admonishment is a warning given after a DUI conviction. It tells you that driving under the influence is dangerous to human life and that a future DUI-related death can support a murder charge. This warning can become powerful evidence if another DUI later causes a fatal crash.
Talk To An Irvine Repeat DUI Attorney
Ron Cordova, Attorney-At-Law, brings more than four decades of criminal defense experience to serious DUI cases. If you are facing a repeat DUI in Irvine, Orange County, dial 949-769-2175 or send an email to book a free appointment.
