San Diego Fourth DUI Offense Lawyer
Driving under the influence of alcohol and/or drugs is a serious matter in our state. You will face harsher penalties for each subsequent DUI offense within 10 years. You may avoid jail time for first and second offenses. Even in third offenses, you may avoid jail time when represented by a savvy and experienced attorney.
However, you may no longer be charged with a misdemeanor in a fourth or subsequent offense. Fourth offenses are typically prosecuted as felonies. The prosecutor will present as evidence to the court of your past three prior convictions, even those that may have occurred in other states. These priors can include standard DUI, DUI with a high BAC (0.15 percent or more), DUI causing injury, and “wet reckless.”
Your past priors will justify the charge of a felony. In such cases, it is strongly recommended that you work with a DUI defense firm recognized for its outstanding knowledge, skills, and results, such as The Law Offices of G. Cole Casey. Our firm is a regional leader in DUI defense because we do nothing else but represent those accused of DUI, most especially those facing complex and challenging charges, such as felony DUI. If you or anyone you know is facing such a charge in San Diego County, Orange County, or Riverside County, we highly recommend that you take advantage of our complimentary consultation to discuss the specifics of your case with our experienced attorney.
Book an appointment for a free case assessment with our San Diego fourth offense DUI attorney by calling The Law Offices of G. Cole Casey at (888) 412-6491.
Fourth Offense DUI Charges in California
As in any other DUI, in a fourth offense, the court will consider DUI based on the unique facts and circumstances of your arrest, the level of your blood alcohol content (BAC), and any other aggravating factors, such as if you were speeding, driving with a minor under 14 in your vehicle, causing an accident, and other reasons for enhanced penalties.
Penalties for a fourth DUI conviction within 10 years can include:
- If charged as a misdemeanor: 180 days up to a year in a county jail
- If charged as a felony: 16 months, two or three years in state prison
- $1600 up to $5,000 in fines and assessments
- Completion of a 30-month DUI school program
- License suspension for four years (you may be allowed to drive with an ignition interlock device)
- Designation as a Habitual Traffic Offender (punishable by 30 days in jail and a fine of $1,000)
Collateral Consequences of a Felony DUI Conviction
Being convicted of a felony has severe consequences in terms of the harsh criminal penalties involved and how your conviction can impact your life.
Aside from the loss of your freedom and loss of your driving privileges, you may face financial distress, job or career damage, reputational harm, and strain on your personal and/or family relationships.
Many employers conduct background checks, and a felony DUI conviction can severely deter prospective employers. Some professions may even disqualify individuals with such convictions. In these cases, your professional license, as in teaching credentials, real estate, medical, piloting, and other professions, may be lost, destroying your ability to support yourself and your family.
You may be unable to secure housing or loans, be disqualified from serving in the armed forces or voting, and lose your right to bear arms. The stigma associated with a felony conviction can severely strain your personal relationships, adding further stress to your life.
Because of the severe and long-lasting impact on your life, facing a felony charge demands the services of a lawyer up to the task. At The Law Offices of G. Cole Casey, you will have a proven advocate with 25+ years of experience representing Californians in the most complex DUI cases prosecuted by the courts.
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Innocent Until Proven Guilty
At our firm, we believe everyone deserves the best possible defense they can find in the face of all DUI charges. Just because you are charged does not automatically mean you are guilty. However, the key to fighting back is having a representative dedicated to success. That is what you will find at our firm, where we apply our impressive knowledge, skills, and resources to make a significant difference in the outcome of your case and your future.
Find out how our firm can help you fight DUI charges by contacting us at (888) 412-6491 today.
I was not drunk. Can I be charged with DUI for smoking marijuana or taking prescription medications?If you were arrested for DUI but didn’t have alcohol in your system, you can still be charged with DUI. There are a number different charges associated with misdemeanor and felony DUI. You can be charged with an (f) count if you consumed any intoxicating drugs, regardless of whether they are illegal or prescription. But, if you were under the influence of both alcohol and drugs, then you can be charged with an (e) count for driving under the influence of drugs and alcohol.
Aren’t the police supposed to read me my Miranda rights?It seems like common sense that an officer must read you your Miranda rights. Although this is true in a situation where you are being interrogated, for purposes of DUI, you don’t have that same right. Many times an officer will ask you questions prior to administering field sobriety tests and placing you under arrest. These questions have been classified as “pre-investigatory” questions and are not subject to Miranda. Therefore, it is important you speak with an experience DUI Defense Firm to know whether or not the failure to read you your rights will affect your case.
I was involved in an accident and someone was injured. Will I be charged with a Felony?Maybe. You can be charged with Felony DUI whenever anyone other than yourself is injured. Even if the injuries were to a friend and their injuries are minor, you can still be charged with a felony. Penalties for a Felony DUI can be severe because your can face time in prison.