Multiple DUI Offenses in Los Angeles County: Escalating Penalties and Strategies

According to the California Department of Motor Vehicles 2021 DUI Management Information Systems Report, the DUI arrest rate per 100,000 licensed drivers in California was 455 for the year 2019. The report also shows the state takes DUI offenses very seriously, with over 71% of DUI arrests resulting in convictions.

Yet, as many as 27.5% of all convicted DUI offenders arrested in 2019 were repeat offenders, meaning they had at least one other DUI offense on their record within the past ten years. Learn more about the penalties a multiple DUI offender may be subject to in California and some common defense strategies a DUI defense attorney can use.

What Is Considered a DUI in California?

In California, any driver over 21 is considered intoxicated if they are under the influence of drugs or alcohol. If the driver has ingested alcoholic drinks and their BAC (Blood Alcohol Concentration) reaches a limit of 0.08% or higher, they may be charged with a DUI offense (Driving Under the Influence). Drivers under 21 are subject to the state's zero-tolerance policy, which sets the legal BAC limit to as little as 0.01%, meaning a young driver can get a DUI with any alcohol in their blood.

The DMV's DUI report also states that the average BAC of a convicted DUI offender in 2018 was 0.16%, double the legal limit of 0.08%. It is also worth mentioning that a person is not allowed to drive under the influence of drugs – including certain prescription drugs, controlled substances, and illegal drugs that make a driver mentally or physically impaired and unable to operate a motor vehicle like a sober person.

What Kind of Penalties Can You Get for a Second DUI?

If a person commits another DUI within ten years of their first offense, they can expect to face progressively harsher penalties. Most second-time DUI offenders may expect to be sentenced to some jail time. The typical jail sentence for a second DUI offense can be 90 days on average, but each case is unique, and penalties can vary between the mandatory minimum of 96 hours up to one year in a county jail.

In addition to jail time, a second DUI offense may result in three to five years of summary probation, a variety of fines and penalty assessments that can quickly add up to over $2,000.00, and mandatory attendance of a DUI course. The driver may also be subject to a license suspension. Still, the suspension can be lifted, and the driver may be allowed to carry a restricted license by applying to install an IID (Ignition Interlock Device) and maintaining it for at least one year.

What Happens if You Get a Third or Fourth DUI in Los Angeles County?

Sentences for a third DUI in California also involve fines, jail time, and administrative penalties. However, instead of 96 hours, third-time DUI offenders may be subject to a minimum mandatory jail sentence of 120 days in the county jail and a maximum of one year. Fines and penalty assessments are also steeper, bringing the total to almost $2,500.00. Installing an IID for two years, attending DUI school for at least 30 months, and serving three to five years of summary probation may also be required.

A fourth DUI conviction for someone with three other DUIs within the past ten years could result in a wobbler offense. That means a fourth DUI could be charged as a misdemeanor or felony. If your fourth DUI is a misdemeanor, your minimum mandatory jail sentence is 180 days. If the DUI offense is convicted as a felony, you may be looking at a state prison term of up to three years, serve at least half of your time in custody, and be subject to a longer summary probation sentence of 5 years or more. Any subsequent DUI offenses after your fourth one may be automatically considered felonies and would likely result in maximum sentences.

What Are the Administrative Penalties for Multiple DUI?

In addition to any criminal penalties you may face for multiple DUIs, additional administrative penalties may be issued by the DMV. These penalties affect the status of your driver's license and your ability to drive. Here are some of the possible penalties you may be looking at:

• Second DUI: a minimum hard suspension of your driving privileges of 90 days. After that, your license can be restricted for up to one year. You may also need to install an IID in your vehicle for up to one year and attend an 18-month-long DUI class.
• Third DUI: for a third DUI offense, you may be subject to similar penalties as your second DUI, including the 90-day license suspension period. In addition, your license may be revoked for up to three years, and you may need to wait 18 months before applying for a restricted license. You may also be required to have an IID in your vehicle for two years and attend a 30-month DUI class.
• Fourth DUI: similar penalties apply, but your license may be revoked for up to four years, and you may be required to have an IID in your vehicle for three years.

As you can see, multiple DUI convictions can affect your life in many different ways. You may be facing criminal and administrative sentences that affect your ability to drive, stay employed, and seize future opportunities in life. At the Hurwitz Law Group, you can get legal representation to help you fight your DUI charges and seek a better outcome. Our skilled DUI attorneys can question the evidence presented against you, such as the validity of blood tests and the legality of the traffic stop that resulted in your DUI charges. Each DUI case is unique, so contact our firm at 323-310-9677 to discuss the specifics of your case.