Facing a fourth DUI charge is a life-altering experience because, unlike previous charges, this escalates the case to a potential felony. A guilty verdict results in a lengthy prison sentence, hefty fines, and permanent loss of certain rights.
You urgently need an experienced DUI defense attorney who understands the specific complexities of felony DUI cases. Your lawyer will help you understand the legal process and consequences and help you build solid defenses. At San Diego DUI Attorney, we know the severity of your situation and are ready to help defend you against fourth DUI or related DUI charges.
An Overview of a Fourth DUI and Definition of Key Terms
Under California law, you face a fourth DUI charge when you have accumulated three or more DUI convictions (under Vehicle Code Section 23152) or DUI causing injury convictions (under Vehicle Code Section 23153), or any combination of these, within the previous ten-year period.
The ten-year span during which prior DUI offenses are considered is commonly known as the ‘lookback period.’ The lookback period generally measures time from the date of arrest for each DUI offense, not the date of conviction.
Convictions from other states may be treated as prior offenses if the underlying conduct is substantially equivalent to California’s DUI definitions, often requiring a specific legal finding by the court. A “wet reckless” conviction under Vehicle Code Section 23103.5 counts as a prior DUI offense for enhancement purposes when measured against the ten-year lookback period.
A fourth DUI offense within this period is generally charged as a felony under California Vehicle Code Section 23550. The transition to felony status results in significant changes, including harsher penalties such as state prison sentences and lasting consequences associated with a felony record.
A fourth DUI could receive misdemeanor treatment only in exceptional cases when the prosecution recognizes substantial mitigating conditions and no aggravating elements exist. Still, courts usually charge this offense as a felony when you have accumulated three DUIs during a ten-year period.
Defining Important Terms
- DUI: A person violates Vehicle Code 23152 by operating a vehicle under the influence of alcohol or drugs or any combination of both substances.
- Wet Reckless (Vehicle Code 23103.5): A reduced charge that still counts as a prior DUI for future cases.
- Look-Back Period: California allows a 10-year period to consider previous DUI-related offenses as part of its assessment.
- DUI Per Se convictions occur when drivers exceed the legal Blood Alcohol Content (BAC) limit, such as 0.08% and above.
- Driving While Ability Impaired: A DWAI conviction occurs when someone drives their vehicle while their abilities are impaired through any amount of alcohol or drug consumption. The crime level of DWAI stands below that of DUI in the legal system.
- Prosecutors can use the conviction of Vehicular Assault or Vehicular Homicide involving impaired driving to count as previous offenses when charging someone with a future DUI.
In some states, refusal of a chemical test can result in license suspension, but it does not automatically count as a prior DUI conviction unless a DUI is proven in court.
Elements of the Crime that The Prosecutor Must Prove
A conviction requires the prosecution to establish all required elements beyond a reasonable doubt. The following elements are necessary standards to support conviction, and they include:
You were Driving a Vehicle
You were operating a motor vehicle or maintaining physical control over a motor vehicle when the traffic police asked you to stop.
Under the Influence
You showed impairment from alcohol or drugs or both substances during your time behind the wheel that made driving unsafe (under California Vehicle Code 23152(a))
Blood Alcohol Content (BAC) of 0.08% or Higher
Under California Vehicle Code 23152(b), the prosecution must demonstrate that you had BAC levels exceeding the legal threshold during your driving period.
Three or More Prior DUI-Related Convictions Within Ten Years
You face prosecution when you have accumulated three or more DUI convictions and wet reckless driving or equivalent out-of-state DUI offenses in the last 10 years.
The list of violations includes offenses under California Vehicle Code 23152, 23153, and 23103.5, as well as equivalent offenses from other states.
Proper Legal Process in Prior Convictions
The previous convictions need to be legally valid. You must either have had an attorney represent you properly or legally waive your right to representation, and the court must enter the convictions correctly.
Offense Occurred Within the Lookback Period
The court requires that offenses occurred during a 10-year period starting from the earliest date of arrest or conviction until the current offense date.
Legal Penalties for a Fourth DUI
Fourth DUI convictions trigger mandatory, severe penalties because the state enforces strict laws against repeat impaired driving offenses. The penalties for a fourth DUI offense exceed those for previous DUI offenses and are typically treated as felony-level penalties.
Mandatory Prison Sentences
Under Vehicle Code Section 23550, a fourth DUI offense within ten years is charged as a felony, leading to a state prison sentence ranging from 16 months, two years, or three years, depending on the case circumstances.
Several key factors determine the length of the prison sentence. They include the following:
- Your criminal history
- Circumstances of the current offense
- Any aggravating factors present
Heavy Fines and Restitution
A fourth DUI felony conviction also leads to substantial financial consequences.
Base fines range from $390 to $1,000. The total expenses can accrue above $10,000 when penalty assessments, court fees, and related costs are included.
The court will order restitution payments to cover victims’ medical expenses, property repairs, and additional damages when injuries or accidents occurred during the DUI incident.
Long-Term or Permanent Driver’s License Revocation
The DMV imposes a mandatory four-year license revocation following a fourth DUI conviction. A revocation may become permanent in rare cases involving additional serious offenses. Regaining full driving privileges after a fourth DUI conviction is very difficult and may involve extensive legal processes.
Reversing a revocation is more challenging than the steps needed to reverse lower-level suspensions. You can apply for a restricted license only after satisfying all DMV requirements.
Ignition Interlock Device Requirements
The law requires installing an Ignition Interlock Device (IID) in your vehicles. To obtain restricted driving privileges, the offender must install an Ignition Interlock Device (IID) as part of the requirements. A clean breath test through the IID device is essential for the vehicle to begin operating. The offender covers expenses related to IID installation and maintenance.
The period during which an Ignition Interlock Device (IID) must be installed varies based on individual case circumstances but can extend up to three years. Any attempt to tamper with the device or failure to pass breath tests will result in extra penalties for the offender.
Additional Consequences
A fourth DUI felony conviction produces effects that extend beyond imprisonment, monetary penalties, and license revocation. The damaging impact on your life and career can persist for many years.
Employment and Career Impacts
A felony DUI conviction leads to significant barriers when seeking employment. Employers conduct background checks, which result in disqualifying job candidates who have felony convictions. You cannot obtain driving-related jobs and positions requiring trust or licensing authorization. Losing your driving privileges can jeopardize your ability to maintain your current job.
Professional License Suspension or Revocation
Workers in healthcare, law, real estate, education, and finance face certain consequences when convicted of a felony DUI. They include the following:
- Licensing boards need to start investigations that lead to disciplinary measures
- Your professional license could be subject to permanent revocation or temporary suspension because of a felony DUI conviction
- A felony DUI conviction can terminate your professional career or severely limit your ability to work
Increased Insurance Rates (or Loss of Insurance)
The cost of auto insurance is prohibitive for individuals who have been convicted of a felony DUI. Insurance premiums often rise to unaffordable levels after a felony DUI conviction. High-risk insurance coverage becomes necessary for drivers because insurance companies deny them standard rates.
Firearm and Gun Rights Effects After a Fourth DUI
A fourth DUI felony conviction in California results in a lifetime ban on firearm ownership and possession under state and federal laws, which is extremely difficult to reverse. State and federal laws generally prohibit firearm possession if you are convicted of a felony. Although in rare cases, rights may be restored through pardons or legal remedies.
Restoring firearm ownership rights after a felony DUI conviction is difficult and requires obtaining a Governor’s Pardon or other judicial relief. Restoring gun rights is extremely difficult after serving time in state prison for a felony DUI conviction. The restoration of gun rights through a Certificate of Rehabilitation and a Governor’s Pardon remains challenging and uncertain, particularly for individuals convicted of serious felonies such as a fourth DUI.
Immigration Consequences of a Felony DUI
Non-U.S. citizens face catastrophic immigration consequences from felony DUI offense convictions, especially fourth offenses, which lead to inadmissibility and deportation.
Potential Impact on Visa Status, Green Cards, or Citizenship Eligibility
U.S. immigration authorities view all DUI convictions seriously, regardless of their classification as misdemeanors or felonies. If convicted of a felony DUI offense, it could lead to a significant threat to your immigration status in this country.
The consequences of such offenses lead to difficulties in obtaining visas and lawful permanent residence status and naturalization (citizenship). A basic DUI offense without additional aggravating elements usually does not lead to immigration complications. Still, a felony DUI conviction with past crimes and injury or other severe elements strongly increases the odds of adverse immigration consequences.
Risk of Deportation for Non-Citizens
A felony DUI conviction creates the risk that non-citizens will face deportation. Immigration and Customs Enforcement (ICE) may initiate removal proceedings against non-citizens convicted of aggravated felonies or crimes involving moral turpitude. However, not all felony DUI convictions automatically fall into these categories unless additional factors, such as serious bodily injury or death, are involved.
A fourth DUI conviction as a felony offense significantly increases the likelihood that U.S. immigration law will find you deportable.
Consider the following if you are a non-citizen:
- If facing a fourth DUI charge, you need legal representation that understands California criminal law and U.S. immigration law. Because a DUI verdict can significantly impact immigration status, non-citizens must develop a coordinated defense strategy.
- Immigration court evaluates the underlying conviction resulting from a plea deal, which may trigger deportation depending on how the offense is classified under immigration law. An attorney specializing in criminal and immigration law will safeguard your criminal and immigration prospects.
Whether a Fourth DUI Can Be Expunged or Sealed
California Penal Code Section 1203.4 allows people who finish their probation period to request expungement.
If granted, an expungement under Penal Code Section 1203.4 removes the record of your conviction. It is beneficial as it makes job and housing opportunities available, but does not eliminate all penalties or disabilities, particularly regarding immigration consequences, firearm rights, or certain professional licensing.
California law generally prevents the expungement of DUI offenses when you have served time in state prison, regardless of the sentencing structure. Proposition 47 reclassified certain non-violent theft and drug offenses as misdemeanors, but DUI offenses, irrespective of the sentence imposed, are not eligible for reclassification under Proposition 47.
The process of clearing a fourth DUI from your records is challenging and uncertain, even though some alternative legal options may occasionally exist.
Legal Defenses to a Fourth DUI Charge
Unlawful Traffic Stop
A police officer needs valid, reasonable suspicion of lawbreaking to initiate a traffic stop. The list of violations includes speeding, swerving, running a red light, and other clear traffic offenses. Any evidence obtained through a stop without valid legal grounds (probable cause) from the police officer is not admissible in court; this leads to dismissal of breath or blood tests.
The evidence collected during an illegal stop can be suppressed by your attorney, which could result in dismissal or reduction of your DUI charges.
As an example, a police officer on traffic duty notices John driving with music playing loudly and his head moving to the rhythm. Based solely on this observation, the officer pulls John over to conduct a DUI investigation. However, John had only consumed a small amount of alcohol several hours earlier at a party and was not impaired. Since the officer had no valid reason to stop or investigate John in the first place, the traffic stop is considered illegal. This violation of John’s rights can provide substantial grounds to fight and potentially dismiss the DUI charges.
Breathalyzer and Blood Test Errors
Breathalyzer and blood test results can be inaccurate due to equipment malfunctions, human error, or improper collection and handling of samples. Breath-testing devices require regular calibration and proper maintenance to function correctly.
Traffic officers must follow strict procedures when administering tests. Any failure to properly maintain the equipment or follow correct protocols can make the test results unreliable. Blood samples are also vulnerable to contamination or mishandling, which can lead to incorrect results. Your skilled DUI attorney can obtain maintenance and calibration records for the equipment used, and if errors are found, they could challenge the validity of the chemical test results.
As an example, Maria was arrested after a breath test showed a blood alcohol concentration (BAC) of 0.09%. However, her DUI attorney discovered that the breathalyzer device used during her arrest had not been properly calibrated as required. This failure to maintain the equipment casts doubt on the reliability of the test results and provides grounds to challenge her DUI charge.
Rising Blood Alcohol Levels
Your lawyer could argue that your blood alcohol level may have been legal while you were driving, but increased by the time the test was taken. Alcohol takes time to be fully absorbed into your bloodstream.
This means your blood alcohol concentration (BAC) can be under the legal limit while driving but rise to an illegal level afterwards, especially if the test is done some time after you were stopped. This delay can create reasonable doubt about whether you were legally impaired at the time you were driving.
As an example, David leaves a bar after having a few drinks. Ten minutes later, the traffic police ask him to stop and pull to the side for a DUI investigation. However, they do not give him a breath test until an hour after the stop, showing a BAC of 0.10%.
His lawyer argues that David’s BAC was likely below the legal limit while he was driving and only rose afterwards as his body continued to absorb the alcohol. This explanation can cast doubt on the DUI charge.
Medical Conditions or Other Factors Mimicking DUI Symptoms
Health issues, medications, or physical conditions can cause signs that look like intoxication, even if you have not been drinking or using drugs. Some medical conditions, like diabetes, acid reflux (GERD), fatigue, or neurological disorders, can cause symptoms such as slurred speech, poor balance, or confusion.
Traffic police officers might mistake these symptoms for signs of being under the influence. In some cases, these conditions can even affect the accuracy of breath tests and lead to false results.
As an example, a police officer pulls Lisa over after noticing her swerving in her lane. Lisa, who has diabetes, was experiencing low blood sugar, which caused her to feel dizzy and confused. The officer mistakenly believed she was drunk. Later, medical tests confirmed she had not consumed alcohol, and her symptoms were due to her medical condition. Here, Lisa is not guilty and could have her DUI charge dismissed.
Violation of Your Rights
If police violate your constitutional rights during an investigation or arrest, any evidence they collect may not be allowed in court. Common rights violations include not reading to you your Miranda rights, arresting you without a valid reason, forcing you to speak without a lawyer, or searching your car without permission or a warrant. If this happens, your lawyer can ask the court to dismiss (suppress) any evidence the police got illegally.
Mishandling of Evidence Obtained
The prosecution must prove that your blood sample and other evidence were appropriately handled from when they were collected until they were tested. If your blood sample was mishandled, tampered with, or contaminated, the test results may not be trustworthy.
If the prosecution cannot prove the sample was stored and handled correctly, the evidence may be dismissed, weakening the case against you.
Inaccurate Field Sobriety Tests (FSTs)
The reliability of field sobriety tests as indicators of impairment is subjective because they do not produce objective results. Tests like the walk-and-turn or one-leg stand can be affected by many factors, including nervousness, bad weather, fatigue, uneven ground, wearing the wrong shoes, and even confusing instructions from the officer.
Your DUI lawyer can argue that poor performance on these tests does not automatically mean you were intoxicated and that the police officer could have subjected you to other tests before deeming you intoxicated.
As an example, police stop Samantha late at night and ask her to do sobriety tests on a rocky, uneven surface. It is dark, and she is wearing high heels, which causes her to stumble even though she is not drunk. Her lawyer uses these facts to challenge the officer’s conclusion that she was impaired.
Necessity or Emergency
Your attorney could argue that your driving under the influence was justified because you needed to respond to an urgent emergency. A “necessity” defense may succeed if you prove that driving under the influence was your only option while transporting someone to medical care during an emergency. The necessity defense does not eliminate DUI charges but presents an opportunity for reduced charges or better court results.
As an example, during a family gathering, Tom drank several beers. Later, his child had a severe allergic reaction, and there was no one else available to drive him to the hospital. Even though Tom was over the legal alcohol limit, he chose to drive to save his child.
His defense attorney could argue that Tom had no choice and that driving was necessary in this emergency. Because of the emergency, the prosecution might decide to reduce or dismiss the charges.
Find a DUI Defense Attorney Near Me
A fourth DUI charge in California comes with harsh consequences. You could face prison time, heavy fines, and lasting effects on your career, immigration status, and legal rights upon conviction. You want to hire an attorney to defend and guide you through the court process. Also, obtaining legal counsel early on gives you the best chance of a better outcome.
At San Diego DUI Attorney, we are ready to analyze your case and challenge the evidence leveled against you. Call us at 619-535-7150 today to schedule a confidential consultation.
