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Consequences of a Fourth or Felony DUI Conviction in California

In California DUI Consequences, Criminal Court Protocol, Helpful DUI Information on November 25, 2010 at 1:04 pm

If you have three prior DUI convictions within the state of California within 10 years, your fourth DUI conviction will likely be seen as a felony.  However, this is not the only way a person can be charged with a Felony DUI.

Being convicted of 3 prior DUI convictions is the most common way for an otherwise misdemeanor DUI to turn into a felony violation. Again, a DUI can be charged as a felony when :

  • 3 DUI Convictions within the ten year period
  • If you were previously conviction of a Felony DUI, all subsequent DUIs will be charged as a felony.
  • DUI with Great Bodily Injury and/or death

The consequences of a felony DUI varies greatly with the circumstances of your recent felony DUI arrest, what jurisdiction your felony DUI was out of and what type of felony DUI it is how are generally are as follows.

Consequences & Penalties for a 4th DUI

  • * 16 months to 2 years Jail Time
  • * 18 Month Alcohol School
  • * In Patient/Out-Patient Rehab
  • * Court Fines in Excess of $2,500.00 +
  • * 4- 10 Years Driver License Suspension
  • * MADD Victim Impact Panel
  • * Morgue Program
  • * 3-5 years Probation, Formal or Informal

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For a DUI with Great Bodily Injury, your DUI will also be a Felony.

Were you recently involved in a accident and were arrested for DUI?  Was there an injury involved with the accident that was severe?

If so, you are likely charged with  23153(a) “DUI causing injury.”  In order to be convicted of felony 23152 (a), the state must provide that you were driving under the influence of alcohol and/or drugs, the cop had enough evidence to arrest you for a  DUI, and during the course of the DUI you injured another party.

To be convicted of 23153 (b), the People must prove your blood alcohol level was above a .08% at the time of the accident however, you do not need to have a blood alcohol level above a .08% to be arrested for and convicted of felony DUI.  Instead, the People will prosecute you for 23153 (a) only.

Consequences & Penalties for a Felony DUI with Injury

  • * 2-4 Years State Prison
  • * 18 Month Alcohol School
  • * In Patient/Out-Patient Rehab
  • * Court Fines in Excess of $2,500.00 +
  • * Victim’s Restitution (can be in excess of a $100k.)
  • * 4- 10 Years Driver License Suspension
  • * MADD Victim Impact Panel
  • * Morgue Program
  • * 3-5 years Probation, Formal or Informal
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Consequences of a Third DUI Conviction in California

In California DUI Consequences, Helpful DUI Information, Probation Violant and/or Warrants on November 25, 2010 at 12:56 pm

In California how much jail time would you get for your 3rd DUI considering…?

you never did anything about your previous 2 DUI’s. My friend just got his 3rd DUI and he never went to his classes or court for his first 2. So basically he had bench warrants for his first 2 when he got caught and received his 3rd just last week. He’s now in jail and I’m just wondering how much time he will serve. His first 2 were within a month time frame and this 3rd one just happened 1 year later. For some reason he’s under the impression he might get out ASAP and report back on weekends only but this doesn’t sound realistic to me.

In California,
General Consequences are as follows:

Consequences of a Third DUI in the State of California

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  • *Required Jail for 3rd DUI: 120 Days to 1 Year
  • * Fines $2,500 +
  • * License Suspension: 3 Years to 10 years
  • * Ignition Interlock Required
  • * 18 Month Multiple Offender Alcohol Program
  • * 3-5 Years Probation, Formal or Informal
  • * MADD Panel*
  • * DUI Court*
  • * Morgue Program*
  • * Community Service*
  • *Depending on Jurisdiction

The amount of jail time he’s looking at depends on the circumstances surrounding his 3rd offense DUI as well as his priors. Jail time can depend on the follow facts
What court he’s out of
What judge he’s before
What his BAC was on his prior DUIs
What his BAC was on his current DUI
Was there an accident.

For instance, if he has a 3rd DUI in Los Anglees, he could be released rather quickly. The jails are totally over-populated and they routinely let individuals which must more serious offenses out in nearly no time at all.

If he’s in Orange County Jail and they know about his priors, he could be there for months if not a year, especially considering the probation violations.

If he is interested in learning more about the exact consequences he’s facing for this 3rd DUI, call 877-717-2889 to speak to an experienced DUI attorney. I’m available evenings and weekends. Or visit http://dmv-dui-attorney.com/multiple-dui…

Disclaimer
Information on this site is strictly for general informational purposes only and should not be construed as legal advice for any individual case or legal situation nor does this site create an attorney client relationship

Consequences of a Chemical Test Refusal During a DUI Arrest in California

In DUI Drivers License Consequences on November 25, 2010 at 12:50 pm

What happens if you refuse a breathalyzer?

and you’re brought in for a blood draw and test negative? Were you technically arrested, and if so, on what charges…if you ended up testing negative for DUI? 

It’s a hypothetical question…I just always wondered how that would work?

  • 1 month ago
  • (Tiebreaker)

Additional Details

I guess I just don’t understand why…if you haven’t been drinking, regardless if the officer THINKS you’ve been (and could be wrong)…and you simply refuse to take the breathalyzer for whatever personal reason…you’re still penalized as if you had been.
ANSWER:
In California 

There are two things that can happen if you refuse a chemical test.

1. The police officer will read you the refusal admonishment which tells you you’re going to lose your license for at least 12 months. Then you will be arrested and charged with a dUI with refusal enhancement. The evidence will be based on the officer’s observations of intoxication, smell of your breath, etc.

2. In some counties, if you refuse the chemical test, they will read you the admonishment as described above, they will then have 2-3 police officers enter the room, hold you down, and forcefully draw your blood. You’ll then get your blood alcohol level at court, be charged with a DUI with a refusal enhancement and still be facing a mimum of 12 months suspension if you lose or fail to contact the DMV.

Ohh, this is all legal too.

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What Happens if you go to court per the ticket and your DUI case isn’t filed?

In Criminal Court Protocol, Uncategorized on November 25, 2010 at 12:47 pm

My boyfriend got a DUI in CA,showed up for court date and they had no record of him and the DUI. ?

Was told to call District attorneys office, they also have no record of the DUI. Is there a status of limitations?
er
A:  THE DISTRICT ATTORNEY HAS 1 YEAR TO FILE CHARGES.
In California, 

The district attorney has 1 year from the date of arrest to file charges for a Misdemeanor DUI.

Due to budget cut backs, lack of staffing, etc, the DAs are behind on their filings. I currently have 4 cases that “weren’t filed” the day of their court date. It doesn’t mean the DUI charge is automatically dropped.

Generally, if they’re not filed by the first court date, they’re filed 30-60 days after that date. However, I have had 1 case where the DA has filed 13 months after the date of arrest, of course a motion was ran and this case was dismissed, but the DA did try to push it through.

I have had several cases filed 10-11 months after the date of arrest, but this is not the norm.

If you need further information about DUI arrests or are interested in hiring a California DUI attorney to represent you, call 877-717-2889 to speak to an experienced DUI attorney.

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San Diego DUI Arrests & Military Consequences

In Helpful DUI Information on November 25, 2010 at 12:31 pm

If you were recently arrested for a DUI in San Diego, and are currently an active military member, a DUI can have serious consequences to your military record.

Individuals arrested for San Diego DUI not only face a driver’s license suspension, they also face loss of rank, reputation, pay, and possible discharge from the military.  Often times, hiring a qualified DUI attorney can limit if not extinguish the consequences of your DUI arrest.  For more information, contact an experienced DUI attorney.

Under 21 Years Old, Is my License Suspended Due To My DUI?

In Helpful DUI Information on October 17, 2010 at 10:43 am

Q: How do I know if my license is suspended now, I was arrested in Huntington Beach for a DUI Last Night?

I was arrested for DUI last night (under 21) and i just got out today. I got my license back when i was leaving and they didn’t say anything. Is my license suspended or not?

A:  If you fail to contact DMV, your license will suspend 30 days after your Huntington Beach DUI arrest.

Your pink temporary license will extend your driving privileges for 30 days and then your license will begin to suspend.

However, if you contact DMV within 10 days of your Huntington Beach DUI arrest and you request a “stay” of your suspension, your license will be good pending the out come of your DMV hearing.

If you need help contacting DMV to request a hearing to fight your recent Huntington Beach DUI driver license suspension, call 877-717-2889 to speak to an experienced Huntngton Beach DUI attorney about your arrest.

Can I get a Retricted License After My DUI Arrest?

In Uncategorized on October 17, 2010 at 10:36 am

Q:  Can I get a restricted license to go to AA classes and do community service after my Huntington Beach DUI Conviction?

My husband got his first DUI in Huntington Beach and needs to go to AA classes and do community service. He has a prosthetic leg and cant walk around for a long time. He needs to drive to get around, can he get a restricted license to go to his classes and do community service? Who should we contact?

He wasn’t drunk, we had just came out of BJ’s in Huntington Beach and he had 2 beers, even the officer told us that he had regretted pulling us over but since he made him take the breathalyzer test he had to give him a DUI. Sometimes life is unfair so please don’t speculate.

A:  Yes, you can obtain a restricted license after your Huntington Beach DUI Conviction.

For a first  Huntington Beach DUI for an individual over 21 years old who submitted to a chemical test, after serving 30 days of a suspended license, he is eligible for a restricted license so long as he enrolls into a AB-541 alcohol program, obtains a SR-22, and pays a 135 dollar re-issuance fee to DMV.

If you would like more information about how to fight your Huntington Beach DUI or the consequences of your Huntington Beach DUI to your drivers license, call 877-717-2889 to speak to an experienced Huntington Beach DUI attorney.

DUI Arrests on Bicycles

In Uncategorized on October 17, 2010 at 10:22 am

Real & Live Huntington Beach DUI Questions

Below are real questions submitted by individuals arrested for a DUI.

Q: Riding my bicycle and pulled over by a cop on another bicycle for a Huntington Beach DUI on a Bicycle?

I had a “Four Loko” in my water bottle that was attached to my bike. The Huntington Beach cop gave me a DUI, is this the right thing or was he wrong?

A:  Yes, you can be arrested and convicted of a DUI on a bicycle in Huntington Beach.

You can be arrested and convicted of a DUI on a bicycle in Huntington Beach.

If you need help fighting your Huntington Beach DUI charges or would like more helpful information about he consequences of your Huntington Beach DUI arrest, call 877-717-2889 to speak to an experienced Huntington Beach DUI attorney.

How will a DUI affect my CPA License?

In Helpful DUI Information, Professional Licensing on October 10, 2010 at 10:17 am

Q: How will my Laguna Beach DUI w CPA license in California?

I passed the California CPA exam in 2009 and started to work in CPA firm since Jan 2010. Few months ago, I got caught because of Laguna Beach drinking and driving charge.

Last week, the court reduced the charge from Laguna Beach DUI to a Wet Reckless. Will the California board of accountancy deny my CPA license application? Does anyone know anybody who still get CPA license with DUI or wet reckless in the California?

A: Laguna Beach  wet reckless and a DUI are treated like the same type of crime when it comes to administrative licensing such as CPA licenses.

For your accounting license, they care about “crimes of moral turpitude” or habitual drunk driving offenses. Merely one Laguna Beach DUI conviction will likely not result in a denial of your CPA license, but you must be truthful on your application or it could be denied for failure to disclose.

If you’ve already submitted your application, I’d notify them of your conviction. License where Laguna Beach  DUIs can become a problem is anywhere in the medical industry, anything with security clearance, pilots, truck driving, some child-care related industries. Habitual Drug and/or alcohol related offenses can become a problem for any license including attorney, real estate, CPA, insurance, etc.

If you have further questions regarding how a Laguna Beach  DUI can affect your administrative license or would like more helpful information regarding the consequences of your Laguna Beach DUI arrest, call 877-717-2889 to speak to an experienced Laguna Beach DUI attorney for a free consultation.

I failed to enroll in my 9 month DUI Alcohol Program, Now what?

In Criminal Court Protocol, Helpful DUI Information, Probation Violation and/or Warrants on October 10, 2010 at 10:01 am

Q: It’s been over a year and I have not enrolled in Newport Beach DUI class yet..(CA)?

I was convicted of a Newport Beach DUI in April 2009 in California and they told me I had to complete a 9 month alcohol program. I figured that I wouldn’t need to take the program until I was ready to get my license back. Is this the case? Or is there a time period where I have to enroll/complete the class with in? I have not been sent any notices besides the bill for the fine I pay every month.

I’m planning to call a Newport Beach DUI lawyer first thing Monday morning but wanted some input in the mean time..

Additional Details

Yes I realize I won’t get my license back until I finish the class, but will I get in trouble for having not enrolled in it yet?

A:  You need to speak to a Newport Beach DUI attorney about a your possible Probation Violation and Warrant.

I just resubmitted my answer below. I also answered your other question. 

As far as enrolling, it is actually against the law for the alcohol program to allow you to enroll if you have a probation violation and/or warrant. That said, you may find a program that will allow you to enroll so long as they don’t figure out there’s a problem, but they’ll likely ask to see your court paperwork.

Depending on what court your case is out of, the court is hit or miss on sending out probation violation paperwork Or if you’re only suppose to show proof of completion, maybe the date hasn’t hit yet.

I’m an attorney, I’m available to speak to you today. 877-717-2889. Or visit my website http://dmv-dui-attorney.com or http://drivers-license-lawyer.com

Resubmitted:

In California,

Most court’s probation orders allow 21 days to enroll into your alcohol program. Failure to enroll and show proof to the court generally results in a probation violation and thus a warrant.

Some courts do not require an enrollment time, but instead require a proof of completion deadline, usually 10-11 months out from the date of conviction.

Whether you missed your proof of enrollment or are about to miss your proof of completion date, either way you’re too late because obviously you haven’t completed your alcohol program.

Depending what court, some judges will take you into custody (that means put you in jail) for failure to enroll in your alcohol program. — If you doubt me, remember Lindsey Lohan and the fact she missed a class? – – Well, never enrolling is much worse for some courts.

Your situation is a prime example how a simple DUI can snow-ball into an offense that may require jail time due to an individuals failure to understand what is required of them coupled with the courts refusal to inform individuals what exactly they have to do when it comes to their case.

You have 2 options. (1) Go to court and appear on your probation violation and hope you don’t get taken to jail. (2) Hire an attorney to go to court on your behalf to recall the warrant and get you reinstated in to your alcohol program.

Chances of going to jail??? It matters what court you’re in. There’s one court in my area, where I can almost promise you that if you go in and try it alone, you’ll be spending the next 2 weeks in jail. The judges simply don’t have any tolerance for this time of mistake, while other courts in my area could care less.

It’s truly hit or miss.

Lastly, Failure to enroll into your alcohol school by a specific time begins a chain reaction that results in your license being suspended until proof of completion of the alcohol is obtained. That means another possible 9 months of suspension.

More or less, you’ve got a mess on your hands.

If you have gotten a DUI in California and would like to know more helpful information about the consequences of your DUI as well as the consequences of failing to abide by the court’s orders, call 877-717-2889 to speak to an experienced DUI attorney. Attorney is on call after hours.

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