PASADENA FOURTH DUI ATTORNEY

Base penalties for a fourth DUI in California include:

• Up to 3 years of jail time in a state prison
• Up to 5 years of probation
• Fines of up to $1,000
• Mandatory DUI classes for 2.5 years
• 4-year revocation of your driver’s license
• Habitual Traffic Offender status for 3 years

You may also be required to participate in additional counseling and treatment for alcohol addiction and substance abuse. You will potentially be able to obtain a new license at the end of your revocation period, but you will need to retake the California DMV’s written exam and driving test as well as install an ignition interlock device on your vehicle. Because you will have Habitual Traffic Offender status, you will experience greater consequences if you are caught driving while your license is revoked.

Repeat DUI offenders are rarely shown leniency by California prosecutors. The presence of any aggravating circumstances will typically result in harsher and additional penalties being enforced.

Aggravating circumstances in a fourth DUI case can include:

• Reckless driving. This is generally defined as any excessive speeding, meaning at least 30mph over the speed limit on a highway or at least 20mph over the speed limit on a surface road. This will lead to an additional 60 days in jail.
• Driving with a passenger under the age of 14. If a minor younger than 14 was in the automobile with you at the time of the DUI incident, you can face an additional 90 days of jail time. You can also potentially be charged with child endangerment, which can carry even harsher prison sentences, though you cannot be convicted of both child endangerment and a fourth DUI.
• Declining to participate in chemical testing. Refusing to partake in a chemical test may be necessary to your defense, but it will result in an additional 18 days of jail time.
• Causing one or more injuries. Any injury will trigger a minimum of 2 years in state prison. A single great bodily injury could lead to an additional 6 years of jail time, with an additional 1 year for every additional injured person for a maximum of 3 additional years. You could also face a fine of up to $5,000.
• Causing a fatal accident. Depending on the circumstances, if someone dies due to DUI-related injuries, you could face up to 6 years in prison. If you were previously given a Watson advisement, a DUI-related fatality could result in life imprisonment under a second-degree murder charge as well as a $15,000 fine.