7 Things You Should Know About a 4th DUI In California

California Vehicle Code 23550

In California, DUIs and wet reckless charges are priorable offenses.  This means that each time you are convicted of another DUI or wet reckless offense such as a fourth DUI, the penalties increase in length and severity because of your past offenses.

Is A Fourth DUI A Felony?

If this is your fourth DUI within 10-years, then the prosecutor can charge you with a felony1, however the prosecutor has the discretion to charge a defendant with a misdemeanor. A felony is any criminal offense where jail or state prison time of more than one year can be imposed2.

Before the prosecutor can charge you with DUI as a felony, he or she must prove that you had at least 3 prior convictions for DUI or other certain alcohol-related offense within the past 10-years.

This includes any of the following convictions:

How Does The Prosecution Prove A 4th DUI Charge?

The prosecutor would need to present evidence that you were driving while under the influence or that you were driving with a BAC of at least 0.08%, and that all 3 of your prior convictions were within the past 10-years of your fourth DUI offense, or the date when you were arrested. Documents from the DMV are sufficient to show prior DUI convictions or certificates of completion or attendance from any court imposed driving under the influence classes. 

If an out-of-state DUI conviction used different standards than California uses for finding you guilty of the offense, it may not qualify as a prior conviction.

Fourth Time DUI Legal Defenses

Many of the defenses that an attorney can structure for a fourth DUI offense are the same as all other DUI’s.  Challenging the current DUI charge that you are facing by analyzing the police report and either questioning procedure or evidence in your case. Challenging procedure and evidence would entail the following methods.

Procedure & Evidence
  • Probable Cause For A DUI Arrest – This involves challenging the probable cause for a DUI arrest which may include dash cam footage from the police vehicle to see if an officer had reasonable suspicion to stop a vehicle and/or probable cause to arrest the driver .
  • Field Sobriety Testing – Did the officer follow the correct procedures for administering Field Sobriety Tests
  • Procedure For Breath Testing Instrument – It’s important to make sure the breath testing instruments have been maintained and calibrated in accordance with the law requiring certain usage intervals.
  • Procedure For Blood Test – This may include having an independent lab test the blood alcohol concentration to confirm or contradict the BAC reading, as well as testing for contaminates and sufficient anti-coagulants. The crime lab is also required to follow all rules of Title 17.
  • Proof of actual “Driving” – The prosecutor must be able to prove who the driver of the vehicle was and that they in fact drove.
  • Rising Blood Alcohol – Depending on the time alcohol was consumed prior to driving, the driver’s BAC may have been lower at the time of driving than at the time of the test.

Fourth Time DUI Penalties

You will certainly face jail time for a fourth DUI conviction but the extent of your jail time and fine will depend on the facts and circumstances of the offense, and if the prior convictions were within a short period of time. Aggravating factors such as an elevated BAC, excessive speed, having  a passenger under the age of 14, or causing an injury or fatal accident can enhance your sentence. 

Minimum Days In Jail
  • County Jail
Criminal Penalties
  • 16-months, 2 or 3 years in prison.3.
  • A fine between $390 and $1,0004.
  • Probation for 3-5 years
  • Attendance at DUI classes for 30-months
  • Probable additional treatment such as an alcohol addiction program
Drivers License Penalties

Regarding your driver’s license, you face:

  • 4-year revocation of your driver’s license.
  • Habitual Traffic Offender status for 3-years5.
Drivers License Application

When the four year period has passed, you will have to apply for an entirely new driver’s license, including re-taking the written and driving test. Because you have HTO status, if you are caught driving at all while your license is revoked, you face stiffer penalties.

If you are able to obtain a new license, you will have to install an ignition interlock device on all autos that you own or drive for whatever time imposed by the DMV.

Penalty Enhancements For Fourth DUI

If there are certain aggravating circumstances associated with the DUI charge, then you face penalty enhancements. How severe the penalties will be will largely depend on the circumstances involved, your criminal history, your BAC level, and if there were injuries or fatalities. 

The aggravating circumstances and their enhancements include:

4th Time DUI FAQs

What is the difference if my license is revoked instead of suspended?

If you are convicted of a fourth DUI, your license is revoked instead of suspended.  A drivers’ license suspension is for a fixed period of time and at the end of that period you can get a license if you can show SR-22 insurance.  A revocation is for an indefinite period of time though this does not usually mean forever.  To get your license back you have to apply to the DMV at the end of the revocation and they have to reestablish your driving privilege.

What does habitual traffic offender mean?

It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history, which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender.1

  1. California Vehicle Code §14601.3(a). []

How We Can Help

If you have been arrested and would like to learn more about what attorneys charge.

If you want to understand why its important to have an attorney represent you.

If you are ready to discuss a pending case with a DUI attorney contact the Aizman Law Firm at 818-351-9555 for a free confidential consultation.

Get Legal Help

Request A Free Consultation (818) 351-9555

Footnotes

  1. California Vehicle Code § 23152 []
  2. California Penal Code 17(a) – “A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. []
  3. Vehicle Code 23550(a) and Penal Code 1170(h)(1) – Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years. []
  4. California Vehicle Code 23550(a) – If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. []
  5. California Penal Code Section 23550(b) – person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. []
  6. California Vehicle Code § 23572 []
  7. California Penal Code 23572(c) – No punishment enhancement shall be imposed pursuant to this section if the person is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident []

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