Experienced Attorney for Repeat DUI Offenders

While a first-time DUI has serious consequences in California, the consequences of a second, third or subsequent drunk driving conviction can be far more severe. Due to the substantial penalties that are on the table in these cases, it is critical to have an experienced Marin County DUI attorney on your side.

Our attorneys have extensive experience representing individuals charged with multiple DUIs. We have been defending clients in DUI cases in Marin County and throughout California since 2000. If you are facing a second, third or subsequent DUI charge, we can help you make informed decisions about your next steps, and we can use our experience to defend you by all means available.

Understanding California’s 10-Year Rule for Multiple DUIs

In California, a DUI generally stays on your record for 10 years. This means that you can be charged as a repeat offender if you get arrested again within a decade of your first DUI charge. For example, regarding second DUIs, Section 23540 of the California Vehicle Code states:

“If a person is convicted of [DUI] and the offense occurred within 10 years of a [prior DUI] . . . that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) . . . .”

Similarly, regarding third DUIs, Section 23600 of the California Vehicle Code states:

“If a person is convicted of [DUI] and the offense occurred within 10 years of two separate [DUIs] . . . that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). . . .”

Section 23550 of the California Vehicle Code imposes even greater penalties for fourth and subsequent offenses within a 10-year period. Importantly, under all three of these statutes, this 10-year period generally runs from the date of your original DUI arrest—not your original DUI conviction. So, if it has been around 10 years since your first DUI case, you will want to work closely with your Marin County DUI attorney to confirm whether you are properly being charged as a repeat offender.

California’s Enhanced Penalties for Multiple DUIs

As we have already mentioned, if you are being charged as a repeat DUI offender in Marin County, this will significantly increase the penalties that are on the table in your case. Under California law, the penalties for repeat offenders in DUI cases are as follows:

Second DUI Within 10 Years

• A $390 to $1,000 fine
• 90 days to one year of jail time
• Up to a two-year driver’s license suspension
• Mandatory drug or alcohol treatment (or “DUI School”) at your expense
• Mandatory ignition interlock device (IID) installation for one to two years

Third DUI Within 10 Years

• A $390 to $1,000 fine
• 120 days to one year of jail time
• Up to a three-year driver’s license suspension
• Mandatory DUI School at your expense
• Mandatory ignition interlock device (IID) installation for two to three years

Fourth or Subsequent DUI Within 10 Years

• A $390 to $1,000 fine
• 180 days to one year of jail time
• Up to a four-year driver’s license suspension
• Mandatory DUI School at your expense
• Mandatory ignition interlock device (IID) installation for three years

These are just the base penalties for repeat DUIs in California. In cases involving felony DUIs, accidents resulting in injuries or death, commercial driver’s licenses (CDLs), minor passengers under the age of 14, and various other circumstances, the penalties can be even greater.

In addition to these penalties, having multiple DUIs on your record can negatively impact your life in many other ways as well. Your auto insurance premiums can increase substantially—and this alone can add thousands of dollars to the cost of your most-recent DUI. Having multiple DUIs on your record can also impede your ability to earn a degree or advance in your career; and, over your lifetime, the accumulated costs can be truly staggering.

What Qualifies as a “Prior” DUI in California?

To face prosecution as a repeat DUI offender in California, you don’t necessarily need to be arrested for the same exact offense you committed previously. In fact, you don’t even necessarily need to have a prior California DUI. Under California law, all of the following can count as prior DUIs for sentencing purposes:

• Prior DUI in California based on an unlawful blood alcohol concentration (BAC)
• Prior DUI in California based on driving “under the influence” of alcohol
• Prior DUI in California based on driving “under the influence” of drugs
• Prior DUI conviction in another state
• Prior “wet reckless” conviction in California or another state following a DUI arrest

When you schedule a free consultation with a Marin County DUI attorney at Brownstein Law Group, P.C., your attorney will thoroughly examine the circumstances of your case to determine if your previous arrests count as “priors” for purposes of your pending DUI. If you are improperly being charged as a repeat offender (which is not uncommon), your attorney can fight to make sure that you are not unjustly put at risk for enhanced penalties.

In all cases, DUI defendants in California have defenses available. If nothing else, you are entitled to challenge the prosecution’s ability to prove your guilt beyond a reasonable doubt. But there are many other ways to fight a DUI charge as well; and, when you choose an attorney at Brownstein Law Group, P.C., you can be confident that your attorney is fighting your charge by all means available.

Schedule a Free Consultation with a Marin County DUI Attorney Today

Are you facing a DUI charge as a repeat offender? If so, we encourage you to contact us promptly for more information. To schedule a free consultation with an experienced Marin County DUI attorney, call 415-965-6183 or request an appointment online today.