Orange County Criminal Lawyer Offices

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Fourth DUI Offense

Punishments imposed by the court upon fourth DUI conviction

PROBATION:

3 to 5 years formal probation

JAIL:

16 Mo. to 3 Years in State Prison with possibility of further sentence enhancements based on conduct and prior record. If probation is granted, up to 1 year in County Jail with a minimum of 180 days.

COURT FINES:

Minimum $390 fine to maximum of $1000. Note, however that the $390 minimum fine, after adding penalty assessments & miscellaneous court fees, results in a total amount due of approximately $1600 to $1800.

DUI SCHOOL:

Attendance at 18-month or 30-month drunk driver Multiple Offender Program required

COURT MAY ALSO ORDER:

  • Impound Vehicle up to 90 days if owned by defendant
  • Ignition Interlock Device for up to 3 years

INCREASED PENALTIES FOR DUI ENHANCEMENTS (IN ADDITION TO THE ABOVE)

  • One year enhancement for every prior prison term
  • Subjected to Three Strikes Law with prior serious and violent felony
  • Refusal/Forced Blood – Mandatory additional 18 days Jail
  • Passenger in Vehicle Under Age 14 – Mandatory additional 90 days Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway – Mandatory additional 60 days Jail

DMV ACTION UPON CONVICTION:

  • 4-year license revocation (no driving whatsoever).  May be converted into an ignition interlock restriction after an actual one years suspension upon proof of compliance with requirements of Vehicle Code 13352(a)(10)

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

  • BAC ≥ .08 – 1-year mandatory suspension with no option for restricted license
  • Refusal/Forced Blood – 3-year license revocation (no option for restriction)