If you have been arrested and charged with DUI and have one or more prior DUI convictions on your criminal record, you are facing serious consequences. The law provides for increased penalties for those considered to be repeat DUI offenders. A previous DUI conviction within 10 years of a new DUI offense constitutes a prior conviction for the purpose of subjecting you to the increased penalties for repeat DUI offenders.
2nd DUI Within 10 Years
For example, a second DUI conviction within a 10-year period is punishable by up to 1 year in jail instead of 6 months. The driver's license suspension is also longer for a second DUI offense, resulting in a 2-year suspension instead of a 6-month suspension, and the required DUI class is increased from 30 hours to either 18 or 30 months.
Punishment for a third DUI conviction within 10 years is even more severe. Your driver's license will be revoked for 3 years if you are convicted, and the law requires a minimum of 120 days in jail, although it is sometimes possible to get an alternative sentence such as alcohol or substance abuse treatment and avoid actual jail time.
A fourth DUI conviction within 10 years will, in almost all cases, be charged as a felony. A felony charge is an extremely serious legal situation and requires the assistance of a highly skilled Fresno DUI defense lawyer to immediately begin fighting for your rights and defending you against the charge. Not only is there a possibility of being sentenced to up to 3 years in state prison if convicted of felony DUI, but a felony record may have a significant impact on your life for many years, if not forever.
Strategies To Challenge The Charges Against You
If your prior DUI conviction is charged as a sentence enhancement in your current DUI case, the Law Office of Michael J. Aed may be able to challenge the prior conviction and have it dismissed. The process of challenging a prior DUI conviction is known as a "Motion to Strike an Unconstitutional Conviction."
If the proper procedure was not followed in taking your guilty plea on the prior DUI charge or if the prosecution does not have the proper documentation, your prior DUI conviction may be challenged. Our attorney understands this process and will fight to protect your rights and work for the best possible outcome to your case.
Unique Experience Aggressively Defending Clients' Rights
Our legal team will fight aggressively to defend your from DUI charges. Individuals with multiple DUI conviction are often unaware of all the available options. We will assess the strengths and weaknesses of the prosecution's case against you. To safeguard your rights and protect against being unfairly and harshly treated by the system, call our firm as soon after your arrest as possible.
For Experienced Legal Help
Contact the Law Office of Michael J. Aed to discuss your case. We know time is of the essence, so we respond to emails and calls 24/7. Call us at 559-495-9320.