4th DUI offenders are rarely given the benefit of the doubt in a court of law. If you are facing charges for your 4th violation of California Vehicle Code Section 23152, you can expect prosecutors to be especially vigilant in a court of law and during plea bargains. Judges and prosecutors rarely believe that 4th time offenders are no longer a threat, or that they have truly learned their lesson. Those facing repeat charges are highly encouraged to retain legal counsel.
At MacGregor & Collins, LLP, our dui defense attorneys in Orange County have more than thirty years of experience representing repeat offenders and they can help. By obtaining a free consultation you will obtain valuable information that could help you avoid a costly mistake. Call (888) 250-2865 or fill out our contact form and our legal professionals will evaluate your circumstance and provide you with options.
Penalties for a 4th DUI in California
A 4th DUI is a violation of CVC 23152. Offenders are subject to a DUI sentence that is enhanced so penalties are greater than a first time offender. Enhanced sentencing is determined by verification that the defendant was driving under the influence for the fourth time within ten years.
Fourth offense enhancement can also be triggered by out-of-state DUI and/or wet reckless driving.
In order to prosecute for California Vehicle Code 23152, the state must be able to establish that:
- The defendant was driving while intoxicated
- The defendant’s BAC met or exceeded 0.08%
- The defendant did so for the fourth time in 10 years
Unlike a first second or third DUI offense, a fourth DUI is a felony offense and can result in:
- Up to 3 years in jail
- Fines of up to $1,000
- Probation of up to 5 years
- License suspension of up to 4 years
For fourth offenses of DUI in California, the DMV may possibly assign the title of Habitual Traffic Offender to the guilty party. The court may also order the installation of an ignition interlock device on the offender’s vehicle, depending on the circumstances. Those who are convicted of crimes may be eligible for an expungement under certain circumstances. An expungement may allow you to obtain employment easier and more.
Repeat DUI Defense Attorneys
For repeat DUI offenders, skilled legal experience is essential for taking advantage of every possible opportunity available in an individual’s case. Call (888) 250-2865 to speak with one of our DUI lawyers about your case for up to one hour.