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Repeat Offenses, Stronger Defense

Defending Drunk Driving with Priors

Facing drunk driving charges is serious, but when you have prior offenses, the stakes are even higher. Fresno judges are known for taking a tough stance against repeat DUI offenders, which means harsher penalties. A conviction could lead to longer jail time, higher fines, and lasting consequences on your record. Learn how we can defend against driving under the influence charges and prior convictions.

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Repeat Offenses, Stronger Defense

Defending Drunk Driving with Priors

Facing drunk driving charges is serious, but when you have prior offenses, the stakes are even higher. Fresno judges are known for taking a tough stance against repeat DUI offenders, which means harsher penalties. A conviction could lead to longer jail time, higher fines, and lasting consequences on your record. Learn how we can defend against driving under the influence charges and prior convictions.

Schedule a Free Consultation

Repeat Offenses, Stronger Defense

DUI with Priors

Facing drunk driving charges is serious, but when you have prior offenses, the stakes are even higher. Fresno judges are known for taking a tough stance against repeat DUI offenders, which means harsher penalties. A conviction could lead to longer jail time, higher fines, and lasting consequences on your record. Learn how we can defend against driving under the influence charges and prior convictions.

Schedule a Free Consultation

Understanding DUI Charges with Priors

If you’ve been charged with driving under the influence and have prior DUI convictions, it’s crucial to take immediate action. Repeat DUI offenses carry severe consequences, and judges in Fresno are particularly strict when dealing with multiple offenders. Without the right legal support, you could face harsh penalties, including prolonged jail time, longer DUI classes, large fines, and be required to install the ignition interlock device.

What is a DUI with Priors?

California’s DUI laws aim to prevent repeat DUI offenses by enforcing stricter penalties for those with prior convictions. Being charged with a DUI with prior allegations means you have been previously convicted of one or more DUI or alcohol-related offenses, including a wet reckless under Vehicle Code section 23103, within the last 10 years.

Facing a DUI charge with priors in Fresno County can be particularly challenging. The Fresno County District Attorney’s Office is known for aggressively pursuing convictions in DUI cases, even when the evidence may be insufficient to prove you were driving under the influence. This makes it essential to have an experienced DUI lawyer by your side to advocate for your rights and build a strong defense.

California Vehicle Code 23152

California Vehicle Code Section 23152 outlines the primary DUI laws and specifies:

23152(a): It is illegal to drive under the influence of alcohol. The prosecution must demonstrate that the driver’s ability to operate a vehicle was impaired by alcohol consumption.
23152(b): Driving with a blood alcohol content (BAC) of 0.08% or higher is unlawful. This is a "per se offense," meaning there is no need to prove impairment as long as the BAC threshold is met.
23152(c): Prohibits driving by individuals addicted to drugs, though exceptions apply to those in an approved narcotics treatment program.
23152(d): Specifies a lower BAC limit of 0.04% for commercial vehicle drivers.
23152(e): It is illegal for a driver with a BAC of 0.04% or higher to operate a vehicle when there is a passenger for hire onboard.
23152(f) and (g): Address driving under the influence of drugs or a combination of drugs and alcohol.

California Vehicle Code 23153

Vehicle Code Section 23153 escalates the consequences of a DUI when an accident leads to injuries. Known as “DUI causing injury,” this offense can result in misdemeanor or felony charges. According to the statute:

23153(a): It is unlawful to drive under the influence of alcohol and commit an illegal act or demonstrate negligence that causes bodily injury to others.
23153(b): Driving with a BAC of 0.08% or higher and causing injury to another person is also a punishable offense.
23153(d): For drivers of commercial vehicles, the BAC threshold is lowered to 0.04%.
23153(f) and (g): Cover intoxication involving drugs or a mix of drugs and alcohol that leads to injury.

If you are facing a DUI with prior convictions, understanding both the Court and DMV consequences is the first step when defending against the charges. A qualified attorney can guide you through this complex process.

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Misdemeanor or Felony DUI Charges?

Most DUI charges are classified as misdemeanors, but when the prosecutor adds a prior enhancement, the charges and the sentencing may changes.

If you are facing a second or third DUI offense, it is likely a misdemeanor charge. These penalties often include jail time, longer probation, fines, court fees, license revocation, mandatory alcohol education classes and counseling, attendance at AA or NA meetings, installation of an ignition interlock device (IID), and community work.

However, a DUI can become a felony if it involves an injury, follows a prior felony DUI, or if you have three or more prior DUI convictions. A felony DUI is much more severe, with consequences such as mandatory jail time, a possible prison time, parole, higher fines and fees, restitution payments, probation costs, license revocation, court-ordered counseling or DUI education programs, along with the IID requirements. Judges may also impose additional penalties if you are convicted of other DUI enhancements.

Drunk driving charges can be defended, and it is important not to plead guilty before all the evidence and circumstances are thoroughly examined. Critical factors, such as how the police conducted their investigation, the accuracy of field sobriety tests, and the validity of breath or blood samples, must be reviewed. It’s also essential to determine whether your blood alcohol content was at or above 0.08% at the time of driving. Properly investigating these details can greatly impact the outcome of your case, potentially leading to reduced charges, dismissals, or dropped cases.

If you are not sure if you are facing misdemeanor or felony charges, it is best to consult with a qualified DUI attorney who can evaluate your case and provide you with proper legal advice.

Act fast to address multiple DUI charges and safeguard your legal rights.

Do not face harsh penalties for repeat DUI offenses; connect with a Fresno DUI lawyer now.

DMV Consequences After Multiple DUIs

If you were arrested for a DUI and received a pink DS-367 form (Temporary License), you have only 10 calendar days to contact the DMV to request a Driver Safety Administrative Per Se (APS) Hearing. Failing to contact the DMV Driver Safety Office within this deadline can lead to an automatic suspension or revocation of your driver’s license. When requesting a hearing, you may also ask for a stay, which delays the suspension or revocation until the hearing decision is made.

To contact the DMV, it’s recommended that you contact our office and allow us to submit a request on your behalf, at no cost to you. If you are unable to contact an attorney within the 10 days, you should contact Driver's Safety and request the following:

A formal request for a hearing
A request for a stay of the suspension or revocation
A demand for all evidence the DMV intends to use in the hearing

Without completing these steps, your driver's license will likely be suspended or revoked, even if you have a strong defense. Acting quickly to request a DMV hearing provides important advantages and protects your rights.

If you face DUI charges with prior convictions, you need to consult with an experienced DUI lawyer right away. Our drunk driving lawyer can help you take immediate action and may be able to prevent a DMV suspension.

Ignition Interlock Device (IID) Requirements in California

For drivers in California with prior DUI convictions, installing an Ignition Interlock Device (IID) is a mandatory requirement. Without exception, anyone convicted of a DUI with priors must have an IID installed to regain or maintain their driving privileges. Failure to comply with this requirement means you will not be able to obtain or hold a valid driver’s license in the state, and it may result in additional legal consequences, such as a warrant for your arrest.

The IID is a breathalyzer device connected to your vehicle's ignition system, requiring you to provide a breath sample to ensure your blood alcohol content (BAC) is below a set limit before the vehicle starts. Here are the mandatory IID installation periods based on the number of prior DUI convictions:

Second DUI offense: IID is required for one year.
Third DUI offense: IID is required for two years.
Fourth or subsequent DUI offense: IID is required for three years.

While these are standard time frames, judges have the authority to extend IID requirements in certain circumstances. In Fresno, courts often impose longer IID durations, reflecting the serious approach taken toward repeat DUI cases. This highlights the importance of having legal representation to potentially reduce the IID time requirement.

IID Requirement Even Without a Vehicle

The IID requirement applies even if you do not currently own or have access to a vehicle. This means compliance with the IID condition is still necessary for restoring your driving privileges, regardless of your personal vehicle situation.

Reach out now for DUI legal help tailored to fighting your repeat DUI charges

Retain an Experienced DUI Defense Lawyer Today

Facing a second, third, or even fourth DUI conviction comes with serious consequences, but you don’t have to face these challenges on your own. We will thoroughly examine the District Attorney’s case, including any alleged prior convictions, to ensure every aspect is challenged and your defense is as strong as possible.

Beyond representing you in court, we also take care of your DMV hearing to protect your driving privileges and work to have your license reinstated as quickly as possible. We work diligently to help you reduce or eliminate the Ignition Interlock Device (IID) requirement whenever possible.

From start to finish, we will answer your questions, guide you through the legal process, and ensure you fully understand what to expect after being arrested for a DUI. Contact our office today and take the first step toward defending against drunk driving with priors.

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Discover how a strong defense can reduce the impact of your DUI with priors.

Retain an Experienced DUI Defense Lawyer Today

Facing a second, third, or even fourth DUI conviction comes with serious consequences, but you don’t have to face these challenges on your own. We will thoroughly examine the District Attorney’s case, including any alleged prior convictions, to ensure every aspect is challenged and your defense is as strong as possible.

Beyond representing you in court, we also take care of your DMV hearing to protect your driving privileges and work to have your license reinstated as quickly as possible. We work diligently to help you reduce or eliminate the Ignition Interlock Device (IID) requirement whenever possible.

From start to finish, we will answer your questions, guide you through the legal process, and ensure you fully understand what to expect after being arrested for a DUI. Contact our office today and take the first step toward defending against drunk driving with priors.

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If you're facing a DUI, it’s natural to have questions. Begin by learning about key aspects of DUI cases, such as potential penalties, the court process, and common enhancements that may affect your case in Fresno. Connecting with our experienced attorney allows you to protect your rights, reduce the potential impact on your life, and work towards a more favorable outcome. Don’t wait to contact us to discuss your driving under the influence case.

A strong criminal defense is essential to protecting your constitutional rights and ensuring that you receive fair treatment i. Whether you are facing a misdemeanor or felony charge, the potential consequences can include hefty fines, a permanent criminal record, or even imprisonment. Learn how the criminal justice system works and then contact us to discuss your case.

A criminal record can hold you back from key opportunities in life. However, legal remedies such as expungements, sealing arrest records, and post-conviction relief provide a chance for a fresh start. These options can open doors to better opportunities, reduce stress, and help you move forward with confidence. By consulting with our experienced attorney, you can begin the process of reclaiming your future.

A traffic ticket might seem minor, but failing to handle it properly can lead to significant consequences. Beyond paying fines, a single violation can cause your insurance premiums to rise, add points to your driving record, or result in a license suspension. If you are a commercial driver, the risks are even greater, as a ticket could jeopardize your career and financial stability. Contact our office today to see how we can defend you in court against your traffic ticket.