If you’re facing a fourth DUI charge in California within 10 years without a warrant, you’re in a serious legal situation. California Vehicle Code Section 23550 outlines severe penalties for repeat DUI offenders.
Understanding this law is crucial if you or someone you know is in this position. Let’s explain what this means, the potential consequences, and what you can do if you’ve been charged with a fourth DUI.
If you need legal representation, contact our Los Angeles DUI defense lawyers immediately. The odds are against you if you’re facing multiple DUIs, but we’re ready to handle any case, and we’re not afraid to go to trial to defend your freedom.
Understanding California Vehicle Code 23550
This law specifically targets repeat DUI offenders. It applies if you’re convicted of a DUI (Vehicle Code 23152) and have three or more prior convictions within 10 years. Prior convictions can include DUIs or wet reckless driving (Vehicle Code 23103.5).
The consequences of a fourth DUI conviction within 10 years are severe. You face:
- Up to one year in county jail, or
- 16 months, 2 years, or 3 years in state prison if you get a felony.
You’ll be required to pay:
- A fine between $390 and $1,000
- Additional penalty assessments that can significantly increase the total amount
Additional Consequences
Your driving privileges will be revoked by the California DMV and the court will make you surrender your license. This can impact your ability to go to work and manage your life. Also, you’ll be designated as a habitual traffic offender for three years after conviction.
Any further traffic violations while you’re considered a habitual traffic offender could penalize you with additional fines and/or time behind bars. Beyond the legal penalties, a fourth DUI conviction can have far-reaching effects:
- Employment difficulties: Many employers are hesitant to hire individuals with multiple DUI convictions.
- Insurance increases: Your car insurance rates will likely skyrocket if you can get coverage at all.
- Personal and professional reputation damage: Multiple DUIs can significantly impact your standing in the community.
Possible Defenses for a Fourth DUI Charge
While challenging a fourth DUI charge is difficult, there are several potential defenses. Your best defense is to work with a DUI defense attorney to argue your case instead of facing the court alone. DUI offenders with multiple past convictions are not seen kindly by the courts.
Challenging Prior Convictions
If your previous convictions were invalid because of an error, the court may not be able to charge you under California Vehicle Code Section 23550. Your attorney might:
- Review previous cases for procedural errors
- Contest the validity of prior convictions if proper procedures weren’t followed
Questioning the Traffic Stop
For a DUI charge to stick, the officer must follow all procedures by the book. Potential arguments for problems with your traffic stop include:
- Lack of probable cause for the initial stop
- Violations of your rights during the arrest process
Challenging Blood Alcohol Concentration (BAC) Results
Many officers will use blood or breath testing to get a blood alcohol concentration result. If you are beyond the legal limit, you’re considered DUI without further evidence. Challenging the results will make it much harder for the prosecution to win. Strategies may involve:
- Questioning the accuracy of breathalyzer or blood test results
- Arguing for the exclusion of BAC evidence if proper procedures weren’t followed
Rising Blood Alcohol Defense
This is a riskier defense that works on the idea that it takes time for your body to process alcohol into your bloodstream. This involves arguing that:
- Your BAC was below the legal limit while driving
- It only rose above the limit by the time of testing
This may apply if you were taken away at the scene without a breath test and later got a blood test. By that point, additional alcohol may have entered your bloodstream to push it up beyond the limit.
Medical Conditions or Medications
This is another rare defense. It may be possible that:
- A medical condition affected the BAC test results
- Certain medications led to a false positive
Steps to Take if Charged with a Fourth DUI
If you’re facing a fourth DUI charge, first see a DUI lawyer right away. Then follow these steps along with the advice of your attorney:
- Don’t discuss the case with anyone except your attorney
- Document everything you remember about the arrest
- Gather any relevant medical records, if applicable
- Attend all court appearances and follow all court orders
- Consider treatment programs to demonstrate proactive responsibility
The Importance of Legal Representation
Given the severity of a fourth DUI charge, professional legal representation is crucial:
- An experienced attorney can identify potential defenses
- They can negotiate with prosecutors for reduced charges or penalties
- They understand the nuances of DUI law and how to challenge evidence
How Simmrin Law Group Can Help with California Vehicle Code Section 23550 Charges
At Simmrin Law Group, we understand the gravity of a fourth DUI conviction under California Vehicle Code Section 23550. Our experienced DUI defense attorneys can:
- Thoroughly review your case and all prior convictions
- Identify and pursue all possible defenses
- Challenge evidence and procedural issues
- Negotiate with prosecutors to potentially reduce charges or penalties
- Represent you aggressively in court
- Guide you through treatment options that may help your case
A fourth DUI conviction carries life-altering consequences. Don’t face this challenge alone. Contact Simmrin Law Group today for a consultation. Let us put our expertise to work in defending your rights, exploring all legal options, and fighting for the best possible outcome in your case.