Los Angeles Fourth Time DUI

Los Angeles DUI AttorneyLos Angeles Fourth Time DUI

The potential penalties on a DUI offense in Los Angeles increase with each prior DUI conviction that the defendant may have on his or her record. When a person with three or more prior DUI convictions is accused of a subsequent DUI violation, he or she will be charged with a felony. The potential penalties on a fourth or subsequent DUI are considerably harsher when compared to what is imposed on a first, second or third driving under the influence conviction. While these prior offenses are misdemeanors, a person’s fourth or subsequent DUI is considered a felony and the defendant can be sent to prison if convicted.

The “lookback” period for any DUI offense is ten years. That means that if a person who has been charged with a new DUI offense has previous DUI convictions, only the convictions that occurred within the past ten years can be used to enhance the new offense. If a person has a DUI conviction that occurred outside of the ten year lookback period, the offense would not trigger mandatory sentencing provisions. However, prosecutors and judges would be aware of any prior conviction and view these prior offenses unfavorably, no matter when they occurred.

The prior convictions can be from any other court or county in California or can be a similar DUI violation from a state other than California. Past convictions for wet reckless under California Vehicle Code Section 23103/23103.5 VC are considered prior DUI convictions if the defendant is charged with a new DUI offense. Even if a previous DUI conviction has been expunged from the defendant’s criminal record, it would still count as a prior if there is a subsequent DUI violation.

A fourth or subsequent DUI occurring within a ten year period is treated very seriously by judges and prosecutors as it is generally a sign that the defendant is either unwilling or unable to comply with California’s prohibition against impaired driving. Judges and prosecutors are very concerned when they see a defendant who has numerous DUI convictions and are more likely to favor a sentence that requires substantial jail or prison time.

Someone convicted of a fourth time DUI can face extremely severe punishment. The specific penalty that is imposed by the sentencing judge will depend on a number of factors including the defendant’s criminal history, the age and severity of the defendant’s prior convictions, the defendant’s blood alcohol content and any other unique circumstances of the case.

Someone who is convicted of a felony level DUI offense can be sentenced to sixteen months, two years or four years in state prison. In addition, the defendant would be assessed up to $1,000 in base court fines as well as any restitution that may be owed. The defendant would be designated a Habitual Traffic Offender pursuant to California Vehicle Code Section 14601.3 VC and would have his or her driving privileges revoked for a period of at least four years.

In many cases, a new DUI charge will also trigger a DUI probation violation on one of the defendant’s prior DUI convictions. If this is the case, the judge may revoke probation and impose additional jail time that would be served in addition to whatever sentence is imposed on the felony DUI charge.

There may be a number of defenses available in defending a fourth time DUI. If the officer who stopped the defendant’s vehicle or who arrested the defendant lacked reasonable or probable cause that the defendant was violating the law, the stop and/or arrest may be deemed unconstitutional and the resulting DUI evidence could be suppressed. In these cases the prosecutor would be unable to move forward with the case and would have to dismiss the charges. In addition, if there was a problem with the blood or breath testing or any other legal issues with the case, an experienced Los Angeles DUI Attorney may be able to mount a successful defense.

If you are arrested for a fourth DUI offense, it is crucial that you meet with a Los Angeles DUI Lawyer immediately. Los Angeles DUI Lawyer Michael Kraut is a former Deputy District Attorney who has successfully defended clients with multiple prior DUI convictions.

For more information about Los Angeles fourth time DUI offenses, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.