Multiple Open DUI Cases

Multiple Open DUI CasesDealing with one DUI case can be stressful enough, however some people may have the misfortune of being charged with a new DUI offense while their first case is still pending. Prosecutors and judges are often very concerned when defendants commit multiple DUI offenses and defendants in this situation can face lengthy sentences if convicted.

Dealing with DUI Offenses that Occur Closely Together in Time

In California, prior DUI convictions can be used as sentencing enhancements that would increase the penalties on any subsequent offense. If the defendant had one or more prior DUI conviction within the previous ten years, the defendant would face mandatory jail sentences, an 18-month drug and alcohol education program, increased fines and other penalties. If the defendant is still on probation for a DUI offense when the subsequent offense occurred, he or she can also face a probation violation on the old case as well as criminal penalties on the new case.

The California Legislature recognized that there may be circumstances where a defendant is charged with two DUI offenses that occur closely in time. There was a concern that defendants in this situation could plead to the second offense first and then argue that this conviction could not be used to enhance the first offense. To prevent this, the Legislature added California Vehicle Code Section 23217 VC, which states, “The timing of court proceedings should not permit a person to avoid aggravated mandatory minimum penalties for multiple separate offenses occurring within a 10-year period. It is the intent of the Legislature to provide that a person be subject to enhanced mandatory minimum penalties for multiple offenses within a period of 10 years, regardless of whether the convictions are obtained in the same sequence as the offenses had been committed.”

This means that a defendant cannot avoid second DUI penalties if he or she is convicted on the subsequent DUI offense while the first is still pending. In these cases, the “first” DUI offense can use the “second” conviction as an enhancement for sentencing purposes.

Dealing with Two or More DUI Cases at Once

In some cases, a defendant may be arrested for a new DUI offense while the first one is still pending. If this occurs in a different district or a different county, the prosecutors handling the case may not be aware of the other case. The judge on the “first” case may revoke the defendant’s grant of OR release if he or she is involved in a subsequent DUI incident. The defendant may be taken into custody or may be required to comply with additional terms of release, including mandatory AA attendance or wearing an alcohol-monitoring device. The judge on the “second” case may also require the defendant to comply with terms of conditional release or post bail as a result of his or her prior offense. Once convicted on one case, the prosecutor on the second case would obtain a certified record of the earlier conviction and would file an amended complaint alleging the prior offense as a sentencing enhancement.

Multiple DUI sand the DMV

The DMV will automatically be notified of any DUI arrest that occurs. On a first offense, the defendant would face a four-month driver’s license suspension. The driver would face a yearlong suspension on the subsequent offense. The driver can request an administrative hearing to contest the suspension.

If you or a loved are facing multiple DUI offenses, it is imperative that you discuss your situation with an experienced DUI lawyer as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut is a top-rated DUI attorney who works hard on behalf of his clients facing multiple DUI offenses.

For more information about multiple open DUI cases, and to schedule your free consultation, Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Client Reviews
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.
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
Avvo User
There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
Owen, Google User
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
Eve Sal