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DUI With Priors

If this is your second, third, or fourth DUI offense in California and more than a decade has passed between this offense and a previous offense, that initial DUI offense loses its “prior” status because of the state’s 10-year “washout” period. For example, if your first DUI offense was in 1990 and the third DUI offense took place in 2003, then the latest offense would be treated as a second DUI offense.

The state of California takes DUI convictions very seriously, and the punishments will be harsher if this is your second, third, fourth, or subsequent DUI conviction. A fourth DUI may be charged as a felony, and other penalty “enhancements” may apply if someone was injured or killed during the drunk driving accident, one of the passengers riding in your vehicle was under 14 years of age, or your blood alcohol (BAC) content was excessively high.

A good defense can make the difference between another DUI conviction and getting the charges against you dropped or reduced. If this is your second, third, or fourth DUI arrest, the Law Offices of David M. Boertje would like to offer you a free consultation explore your legal options.

Mandatory Penalties for a Second DUI Offense

$390 to $1,000 PLUS:

With Probation (Lasting Three to Five Years)
  • 10 days to 1 year in jail or 96 hours to 1 year in jail plus a San Diego court-approved
  • alcohol/drug treatment program
  • A 2-year driver’s license suspension
Without Probation
  • 90 days to 1 year in jail
  • A 6-month California DMV-imposed license suspension
Mandatory Penalties for a Third DUI Offense

120 days to 1 year in jail, $390 to $1,000 fine, 3-year license suspension, PLUS:

With Probation (lasting three to five years)
  • 18-month alcohol treatment program or a 30-month DUI program and 30 days to 1 year in jail.
Mandatory Penalties for 4th or Subsequent DUI Offense (Lasting Three to Five Years)

$390 - $1,000 fine, 4-year license revocation, PLUS:

With Probation
  • 180 days to 1 year in jail
  • An 18-month DUI-approved program
Without Probation
  • 180 days to 1 year in jail or a state prison sentencing lasting for 16 months/2 years/3 years

Even when there is strong evidence against you, there are defense strategies that can be used to allow the outcome of your San Diego case to end in your favor. We can determine whether you have a medical condition that affected the accuracy of your field sobriety test or if the arresting officer did not have probable cause to apprehend you. We can also analyze the evidence against you and look for existing evidence in your favor. There may be grounds to have certain evidence in your case suppressed or thrown out. If your probation period has ended and you have completed all of its terms and conditions, we may be able to get your record expunged.

It is important that you do not give up or try to combat your DUI charge without one of our San Diego DUI lawyers by your side. In San Diego, Carlsbad, and other cities throughout San Diego County, call the Law Offices of David M. Boertje send us an email, or contact us online to request your free consultation.

Client Reviews
“David and his staff made everything simple and easy. Everyone who I spoke to about the case, was telling me that he was facing some jail time. That made me nervous, but after meeting with David I felt confident that my son had nothing to worry about. ” Robert Simas