PRIOR CONVICTIONS

Being charged with a DUI in for the first time can be a very frightening experience and one that can result in some really serious consequences.  However, being charged with a DUI for the second, third, or fourth time, especially within a 10-year period, is far worse and generally results in far greater consequences that can be quite detrimental.  It is important to note that California drivers who have three or more prior DUI convictions (or a wet reckless conviction and two DUI convictions) within a ten-year period will be charged with felony DUI.

California Law Regarding Prior Convictions

California’s Vehicle Code section §23580 states:

“(a) If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under Section 23540, 23546, 23550, 23550.5, 23560, or 23566, the court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code, that the person serve not less than 10 days of community service.”

Challenging Prior DUI Convictions

In order for enhanced penalties to be imposed against a suspected drunk-driving offender with prior DUI convictions, the prosecutor must “charge” the prior convictions against the suspected offender.  In some cases, prior DUI convictions may be “stricken” so that they are not held against the suspected DUI offender in the current case. 

In order to strike a prior DUI conviction, there must be a basis that the suspected DUI offender was not properly informed of and/or was not aware of giving up certain rights during certain hearings related to the prior offense.  An experienced Orange County DUI attorney will need to challenge the constitutionality of the first DUI offense.  A motion is filed with the court specifying the deprivation of certain constitutional rights as outlined in California’s Vehicle Code §41403(a). If successful, the prior conviction is stricken and cannot be held against the suspected DUI offender. 

Get Help From an Orange County DUI Attorney!

Orange County DUI cases in which the individual has prior DUI convictions are highly complex.  Individuals who are charged with a second or other subsequent DUI offense should seek legal representation from an experienced Orange County DUI attorney as soon as possible.  In order to minimize the consequences that may result from a subsequent DUI offense, legal representation should be sought immediately.

At the Orange County DUI Defense Group, we have been helping clients who are faced with subsequent DUI charges for years.  Our Orange County DUI attorneys have the experience, knowledge, and legal skills that you need to ensure only the best possible outcome.  As leading Orange County DUI Defense attorneys, we are committed to helping drivers charged with DUI, whether it is for the first, second, third, fourth time, or more. 

We offer free Orange County DUI case reviews; contact us today for yours!