San Diego, California Felony DUI Attorney
Like other states, California has instituted a number of penalty enhancements in cases involving repeat DUI offenders. If you've been convicted for drunk driving within the last 10 years of your most recent DUI arrest, the minimum license suspension, fines, and jail sentence will all be increased. A fourth DUI constitutes a felony and is punishable by time in a state prison. However, depending on the circumstances of your arrest and your driving record, it may be possible to reduce the sentence or charge against you. At the Law Offices of Elliott Kanter, we explore alternatives to lengthy jail sentences and license revocation that often involve increased community service hours and participation in the state's ignition interlock device program.
Avoid losing your license altogether and spending months in jail - contact felony DUI defense lawyer Elliott Kanter today to schedule a free consultation to discuss your case.
California Repeat and Felony DUI Penalties
DUI penalties vary from county to county and city to city in California. Additionally, California has a number of penalty enhancements that increase the amount of jail time, license suspension, or DUI school involved. In general, however, the following kinds of penalties are involved in repeat and felony DUI cases:
- Second DUI: Fines and fees between $1,800 and $2,800; 2 year loss of license; installation of an ignition interlock device; 96 hours of jail time that may be converted into community service
- Third DUI: Fines and fees between $1,800 and $2,800; 3 year loss of license; 120 day mandatory jail time
- Fourth (Felony) DUI: Mandatory jail time of up to 3 years in a state prison and permanent loss of license
- Penalty Enhancements: The following factors can increase penalties in DUI cases: blood alcohol content (BAC) of .15 or higher; passenger under the age of 14 in the car at the time of arrest; speeding or driving recklessly; causing an accident that results in injury or fatalities; refusal to submit to a chemical BAC test
- DUI School: Repeat DUI offenders are required to attend DUI school. In general, the length of time required varies between 3 to as long as 30 months.
Minimizing the Impact of a Repeat or Felony DUI / DWI
The court has discretion in regard to the amount of time a person is sentenced to jail or prison, as well as whether or not he or she should be issued a restricted license. As your attorney, Elliott Kanter explores alternatives to longer license suspensions and jail time by requesting additional hours of community service when the court is open to the suggestion. If your driving record is fairly clean and you are gainfully employed, the court is often willing to consider a reduction in your sentence in exchange for increased hours of community service.
