What To Expect When You Are Charged For DUI For The Fourth Time

Under California law, it is a serious offense to drive under the influence of alcohol or drugs. Wet, reckless, and DUI cases are classified as priorable crimes. In this case, if the court finds you guilty, the severity of your punishment will depend on whether you have a prior charge for a DUI crime. A fourth DUI charge means you have already been charged three times with DUI. You will face a more severe punishment if convicted for the fourth time. Some penalties for a fourth DUI conviction include loss of your driving license, hefty fines, and a lengthy jail term. You should seek the help of an experienced DUI defense attorney if you face charges for a fourth DUI.

A Fourth DUI Offense

If the police suspect that you are under the influence, they will first investigate you before taking you into custody. Investigations commence when law enforcement stops your vehicle upon committing a traffic offense. You could also undergo a DUI investigation if you cause an accident and someone calls the police to the accident scene. The police will arrest you and charge you with DUI under VC 23152(a) if they have probable cause to believe that you were driving while intoxicated.

The law enforcement officers will order you to undergo DUI chemical testing after your arrest. A DUI chemical test is mandatory, and you could face additional criminal charges if you refuse to undergo the test. The test results will reveal your blood alcohol concentration. You will face DUI charges under Vehicle Code 23152(b) if your blood alcohol concentration is 0.08% or more.

Law enforcement will then examine your criminal history to determine your proper charge. A previous DUI conviction will determine your current charges. If you have been convicted of DUI three times, law enforcement will forward your details to the prosecutor. The prosecutor will then file a fourth DUI charge against you.

You could face drunk driving charges even if your blood alcohol concentration is not equal to or above the allowable limit. According to VC 23152(a), the police only need to show that the alcohol or drug in your body impaired your ability to drive with caution as a sober person would. The judge will also need the police to prove that he/she had probable cause to arrest you.

Fourth, DUI charges will apply if you have three previous DUI convictions that happened within ten years. Your current crime will not qualify as a fourth DUI charge if one or more of your three prior DUI convictions occurred more than ten years ago. 

A fourth DUI crime is an automatic felony. You could face more severe punishment with a lengthy jail term than for a first, second, and third DUI charge. It is, therefore, recommended that you create a strong defense strategy against your charges. If you hire a skilled and experienced DUI attorney, the attorney will do everything possible to fight against DUI charges. 

In a criminal case, the judge relies on the defense counsel's and prosecutor’s evidence to make the final ruling. The jury will expect the prosecutor to show that you have at least three prior DUI convictions or any other conviction associated with alcohol within ten years. The following are some of the convictions that could be considered priors:

  • Wet reckless charge under VC 23103.5
  • Driving under the influence of drugs or alcohol, according to VC 23152(a)
  • Operating a vehicle with a blood alcohol concentration of 0.08% or more
  • Any conviction associated with alcohol that happened outside of California but could meet the qualifications of a conviction for any of the above offenses
  • A record of expungement for any of the above convictions

Additionally, the judge will demand substantial evidence to support the fourth DUI conviction. In this case, the prosecutor has the burden to show that you were driving under the influence of alcohol or drugs or with a BAC of 0.08% or more. The judge will also require the prosecutor to prove the existence of the three previous DUI-related charges in your criminal record. The prosecutor will also be required to show why the prior DUI convictions affect your current DUI conviction. The prosecutor can secure the records of your conviction from the state Department of Motor Vehicles (DMV). The district attorneys can also access certificates of attendance and completion of court-ordered DUI programs from the DMV.

The Penalties You Could Face For Fourth DUI Conviction

Courts charge the fourth DUI crime as a felony. If you are guilty of a DUI-related offense, you could face criminal and administrative penalties. The court will impose criminal penalties upon finding you guilty of the crime. On the other hand, the DMV could issue administrative penalties once it finds you guilty of the crime. The administrative penalties are independent of the court judge's ruling. The DMV can still issue severe administrative penalties for drunk driving even if the court declares you innocent of the crime.

Criminal Penalties

You will face criminal penalties for a fourth DUI charge under VC 23550. The law provides all criminal repercussions for motorists found guilty of felony offenses in California. The severity of the criminal penalties will depend on the facts of your case. It will also depend on whether your prior criminal convictions were within a short period. Your criminal penalties could be enhanced if there are aggravating factors like excessive speeding and high BAC readings.

You could face the following criminal penalties if you are guilty of DUI for the fourth time in ten years:

Jail Term

The worry with most individuals charged with DUI is the period they are likely to spend in jail after conviction. All individuals arrested and convicted of DUI are likely to spend some time in prison, ranging from a few months to years. The length of your sentence will depend on the severity of your crime. The court can send you to prison for a maximum of three years for a fourth DUI crime.

Fines And Assessments

Fines are in the form of money that the court can order you to pay after conviction. Most criminal offenses attract a minimum and maximum fine, which you must pay after a conviction. The judge will decide the actual amount of the fine you will pay. The DUI statutes in California are stricter on the penalties the defendant is likely to pay after conviction. Therefore, if you are convicted of DUI for the fourth time within ten years, you will pay a higher fine ranging from $390 to $5,000.

Assessments are also in the form of money the court can ask you to pay after conviction. The money is usually used to build and fund the courts' services. Individuals convicted of DUIs pay more in court assessments. The money is used to:

  • Compensate for the efforts of the court in processing your driver’s license suspension
  • Fund programs associated with DUI
  • Assess your criminal records and
  • Other deterrent programs

Driver License Suspension

If you are guilty of drunk driving, you are likely to face the following types of driver’s license suspension:

  • The administrative or per se, suspension
  • The court-ordered suspension

You could face administrative or per se suspension as part of administrative penalties after a DUI arrest. On the other hand, you will face a court-ordered suspension after conviction. The court-ordered suspension takes longer than an administrative one and can significantly affect your life and profession. The court could suspend your driver's license for a minimum of four years or revoke it permanently if you are guilty of DUI for the fourth time within ten years.

DUI Program Or School

Following a conviction for a fourth DUI offense, the court could order you to enroll in and complete a DUI program. You will be taking classes at a DUI school that are meant to discourage you from driving while drunk in the future. Enrolling in the DUI program and attending classes for a period that does not exceed 30 months is mandatory. You cannot take any alcohol or drugs during this period until you complete the program. It will be considered a violation of your probation if you are intoxicated while still in the program.

The court can recommend a court-ordered alcohol or drug treatment program in place of a DUI school after establishing that you are addicted to either alcohol or drugs. The purpose is to ensure that you never go back to alcohol or drugs.

Felony Probation

The court could grant you felony probation in place of a jail term. You could spend three to five years on probation after a fourth DUI offense conviction. The judge will determine whether you qualify for probation after a DUI conviction. For felony probation, you have to meet the probation officer regularly. The officer will determine the terms of your probation. Some of the probation conditions can be as follows:

  • Maintain regular communication with the probation officers
  • Not to move out of the state
  • The requirement to abide by the law throughout the probation period
  • You could also be subject to impromptu alcohol and drug testing

Habitual Traffic Offender Status

The court can order you to register as a habitual traffic offender after a conviction for a fourth DUI offense. The court could order you to register for a period not exceeding three years after your conviction.

You can drive on a restricted license if you install an IID (ignition interlock device) in your car after a DUI conviction. Driving with a revoked or suspended license is a crime, and it could attract a jail term of 30 days and a fine of $1000.

Mandatory Installation Of An IID

An ignition interlock device, abbreviated as IID, is a system installed in a car that prevents you from starting the engine if intoxicated. An IID is a form of a breathalyzer. You must blow into it before the engine of your car starts. Your vehicle will not start if you have been drinking and the device detects some alcohol in your breath. 

The court could order you to install the IID in your car to discourage you from repeating the DUI crime. Unfortunately, installing an IID in your vehicle can be frustrating, inconvenient, and expensive. However, you can have your license back sooner if you fulfill the court requirements after a fourth DUI conviction.

The DMV Hearing

Law enforcement will take your license after a DUI arrest and issue you an interim license, which you can use for a period that does not exceed seven days. You have a right to request a DMV hearing within ten days of your arrest if you want to retain your driving license. The DMV could revoke your driver's license for four years if you fail to make the request. You can apply for your license anew to continue driving after four years. In this case, you must undergo a new driving test and pay an application fee as a new applicant.

If your license was revoked because of a DUI arrest, the DMV will order you to prove that you have done the following:

  • Completed probation
  • Completed DUI school
  • Completed the court-ordered alcohol or drug program

The DMV could also order you to install an IID in your car once you secure a license. You will be responsible for installing the IID system and all the maintenance costs that come with it.

The DMV will ensure that one of its officials will be available to conduct the hearing if you request it within ten days of your arrest. Unlike criminal trials, DMV hearings are usually informal. The hearing results will determine the fate of your driver's license. You should hire an attorney to ensure you do not lose your case. An attorney will protect your rights during a DMV hearing.

Penalty Enhancements

You could be subject to penalty enhancements upon conviction if you commit a fourth DUI. If there were aggravating circumstances in your fourth DUI charge, penalty enhancements will affect your case. The severity of your enhanced penalties will depend on the following:

  • Whether your drunk driving caused injuries or fatalities to other people
  • Your criminal history
  • Your blood alcohol concentration level at the time of arrest
  • The aggravating factors involved

You could face the following enhanced penalties:

  • You could face four additional years’ jail term for DUI manslaughter and a fine that does not exceed $10,000. You will also face an additional six-year jail term if the circumstances of your case support a gross vehicular manslaughter charge.
  • If you caused a fatality while driving under the influence of alcohol or drugs, you could be penalized for Watson's murder. The prosecutor will only need to show that you have been served with a Watson warning that causing the death of someone while driving under the influence could attract murder charges. In this case, you could face 15 years of additional jail or life imprisonment. You can also face a fine of up to $15,000 and a second-degree murder charge.
  • If you cause an injury to someone else while driving under the influence of alcohol or drugs, you could face two years of additional jail time. The judge could give you six years of additional jail time if the injury was severe. You can also face an extra one-year jail term for each victim who suffered injuries in the accident. The court can also impose a fine of up to $5,000.
  • If you were driving with a child under 14 when you committed the crime, you could face a 90-day additional jail term. Additionally, you can face child endangerment charges that could subject you to a jail term of six years. You will not be subject to penalty enhancement if you are guilty of child endangerment.
  • If you were speeding or driving recklessly at the time of committing the DUI offense, you could face a 60-day additional jail term. The judge could consider a speed of 30 mph above the allowable speed limit for highway speeding.
  • If you refuse to submit to chemical testing after an arrest, you could face an additional 18 days in jail.

Legal Defenses For a Fourth DUI Offense

You can employ several legal defenses to fight a fourth DUI offense: 

  • The law enforcement officers had no probable cause to make the DUI stop
  • The breathalyzer equipment was faulty
  • Your elevated BAC results were due to a medical condition like GERD and acid reflux
  • Rising blood alcohol
  • Contaminated blood test samples

Find a Criminal Defense Attorney Near Me

It is essential to understand the implications and penalties of your charges if you are facing DUI charges for the fourth time within ten years. Even if it is not mandatory to hire a DUI attorney, you should not face the prosecutor alone. You should hire an experienced DUI defense attorney who has handled cases similar to yours in the past. Your attorney will guide, advise, and represent you in court to ensure you receive a fair judgment. 

At the Koenig Law Office, we have experienced DUI attorneys committed to achieving the best possible outcomes for our Bakersfield clients. We will help you create convincing defenses to reduce or dismiss your fourth-time DUI charges. Contact us at 661-793-7222 to speak to one of our attorneys.