Prior DUI Convictions Will Increase Punishment

DUI Attorney in Orange County

If you are arrested for a DUI or DUI drugs in Orange County and later plead guilty to the DUI or are found guilty of a DUI after a trial, despite the efforts of your DUI Lawyer in Orange County, then the court must impose a sentence. The penalties imposed by the court will depend on many factors, but usually the most important factor is whether you have any prior DUI convictions or convictions for other alcohol related offenses. A prior DUI conviction will be used to increase the minimum mandatory penalties in the present DUI sentencing. Although the conviction for the “prior” DUI must take place before the conviction for the present offense, Orange County DUI Attorneys know there is no requirement that either the “prior” offense or the “prior” conviction actually take place before the date of the current offense.

DUI Attorneys in Orange County know that the California legislature has made clear that the timing of court proceedings should not affect the court’s ability to impose enhanced penalties for multiple offenses. Vehicle Code Section 23217; People v. Albitre (1986) 184 Cal.App.3d 895.  So, for example, imagine that Dan is arrested for a first-offense DUI on January 1^st and is released pending court proceedings. Then, Dan is arrested again for DUI on February 1^st, while his January DUI is still pending. On February 15 Dan pleads guilty to his February DUI and is sentenced as a first offender, since he doesn’t yet have any CONVICTIONS for a DUI. Then, in March, Dan is found guilty of the January DUI. Well, since Dan now has a DUI conviction for his February DUI, he must be sentenced as a second-offender, even though that February DUI actually occurred AFTER the January DUI for which he is being sentenced. Orange County DUI lawyers also know that all DU convictions (and some other alcohol offenses) within a ten year period will be used to enhance a sentence. People v. Treadway (2008) 163 Cal.App.4^th 689.

Moreover, it is not just Orange County DUI’s that count as prior convictions for purposes of enhancing a defendant’s DUI sentence. Other crimes that are considered prior offenses include the wet reckless conviction, which is essentially a reckless driving charge where alcohol is involved. The wet reckless is something that a skilled DUI Lawyer in Orange County can sometimes leverage for a client. Also, convictions for operating a boat while under the influence of drugs or alcohol will also count as prior DUI convictions for purposes of sentencing. Furthermore, having a DUI conviction expunged under Penal Code Section 1203.4 will NOT prevent this conviction from being counted as a prior DUI conviction for sentencing. Also, a DUI conviction in another State will also be counted as a prior, as will a federal DUI conviction.

If you have been arrested for a DUI in Orange County and would like to speak with an experienced Orange County DUI Attorney, call the Law Offices of EJ Stopyro at (949) 559-5500. The telephonic consultation is free and confidential. Or, visit our website at www.EJEsquire.com.

Orange County DUI Lawyer