Challenging Prior Convictions In Court

DUI Attorneys in Orange County

Unless it is a DUI with injury, a first-offense DUI conviction in Orange County is typically relatively painless—the license suspension is usually the most troublesome outcome. However, if you have any prior DUI convictions from any state, things get serious. For example, a standard second-offense DUI in Orange County is typically punished by 30 – 90 days on jail time, on top of the two-year license suspension after the  DMV hearing. Therefore, your DUI Attorney in Orange County will want to consider challenging any alleged prior DUI conviction.

DUI Lawyers in Orange County know that only unconstitutional prior convictions may be challenged if the prior DUI arises from a California conviction. Out-of-state priors, however, can be challenged as unconstitutional and on the basis that the conviction was not for a priorable and equivalent California crime People v. Crane (2006) 142 Cal.App.4^th 425. A court cannot strike a prior DUI offense just to avoid imposing a minimum mandatory sentence or to avoid a license suspension. Moreover, only one constitutional challenge is allowed on a prior DUI conviction and the court’s ruling is binding on the DA as well as the DMV in all future judicial and administrative proceedings. (Vehicle Code Section 23624)

Before your DUI Lawyer in Orange County decides to challenge a prior DUI conviction, he will get the information about the prior conviction be submitting a written request to the conviction court for the record of that conviction. This record will show whether there is sufficient evidence that the driver actually knowingly, voluntarily, and intelligently waived their important legal rights—such as a right to a trial. If your Orange County DUI Lawyer finds grounds to challenge the prior DUI, he will request “bifurcation” of the proceedings. This means that there is a separate trial on whether the prior DUI conviction is valid. That way, if the prior is struck, the jury who decides guilt on the pending DUI will NOT have any idea that the driver had a prior DUI. Because the allegation of a prior DUI conviction is an “enhancement” and not an element of the offense, you are entitled to this bifurcated proceeding. People v. Weathington (1991) 231 Cal.App.3d 69. If your Orange County DUI Attorney determines that the prior DUI conviction WAS constitutional and otherwise admissible, then there is nothing to be gained from challenging the prior DUI conviction.

If you are facing charges for a DUI in Orange County and would like to explore your options with one of the top Orange County DUI lawyers, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Orange County DUI Attorneys