Prosecutors and judges treat a driving under the influence offense, also abbreviated as DUI, as a grave offense. The sentence for a DUI-related offense becomes harsher with each conviction. That is particularly true when you have three DUI convictions on your record. In this case, a fourth-time DUI conviction could attract felony penalties, including fines, incarceration, and loss of your driving privileges for up to four years.

However, the good news is that an arrest does not automatically mean you will face these consequences, even if you have prior DUI-related convictions on your record. Hiring an experienced defense attorney who understands the nuances of the criminal process and the possible implications of a DUI charge on your life could make a significant difference.

At Monterey Criminal Attorney, we can evaluate your case and help you secure the best possible outcome, including a dismissal or a lenient sentence.

Understanding DUI and Circumstances That Can Lead to a Fourth-Time DUI Charge

All drivers or motorists must follow and comply with the rules for BAC (blood alcohol concentration). BAC is the measure of a motorist's alcohol concentration in his/her bloodstream, expressed as a percentage. Generally speaking, you should maintain your BAC level under 0.08 percent when driving.

If your BAC exceeds this legal threshold, you could face per se DUI charges under Vehicle Code (VC) 23152(b). However, this law does not apply to every motorist. A motorist:

  • Under 21 years old should maintain a BAC under 0.01 percent
  • Driving a commercial vehicle or an Uber, a taxi, or Lyft should keep his/her BAC below 0.04 percent

Failure to comply with these rules could attract DUI charges. However, it is worth noting that driving under the influence, regardless of your BAC limit, is illegal under VC 23152(a). Operating a motor vehicle after consuming drugs like marijuana and prescription medicine that could impact your ability to drive a car like a cautious driver can also attract DUI charges.

Before filing a DUI charge against you after an arrest, the prosecutor will check your criminal record to determine if you have prior DUI offenses. If you have three prior DUI crimes and ten (10) years (look-back period) have already passed since your last conviction, the prosecutor will file the subsequent DUI charge as a fourth-time DUI.

Depending on the facts of your case and prior record, the prosecutor could file your fourth-time DUI as a felony or a misdemeanor. Regardless of whether your fourth-time DUI is a felony or a misdemeanor, you could secure a dismissal or a lenient sentence if you have a credible defense attorney.

Types of DUI the Prosecutor Will Consider on the Lookback Period After an Arrest for an Alleged DUI

Aside from determining whether you are a repeat offender, the prosecution team will also consider the exact DUI-related charge on your record. The primary reason for this thorough evaluation is to determine whether:

  • You received actual conviction(s)
  • The conviction(s) are expunged

These facts about your previous DUI conviction(s) can help set the stage for how the prosecutor and judge will handle the current fourth-time DUI charge. To that end, here is a brief overview of the common DUI-related offenses that qualify you as a fourth-time DUI offender:

DUI

DUI is undoubtedly one of the most prevalent DUI-related crimes. VC 23152(a) defines DUI as driving under the influence of alcohol or drugs. This statute aims to prohibit all DUIs, meaning it could apply strictly to specific motorists. For example, the prosecutor could charge a driver under 21 years old with a VC 23152(a) violation because it is unlawful for him/her to have any amount of alcohol in his/her system.

Per Se DUi

As mentioned in the previous sentence, you commit a per se DUI offense under VC 23152(b) when you operate a car with a BAC level of 0.08 percent or higher. Therefore, if the police officer administering your BAC test determines that your BAC level is at 0.08 percent or above this legal threshold, he/she can arrest and detain you pending your case's bail hearing.

When determining your BAC level, the officer can use a breathalyzer, which detects your BAC level using your breath vapor. However, after your arrest, he/she can use a chemical test to determine whether your BAC level exceeds the legal threshold.

If your BAC level is up to 0.15 percent higher than the legal limit of 0.08 percent, that will count as an aggravating issue in your DUI case, meaning the court could enhance your penalties after conviction.

Wet Reckless

As part of your plea agreement, the prosecutor could agree to lessen your misdemeanor DUI charge to a wet reckless charge. Often referred to as “wet and reckless,” a wet reckless offense will include a note on your record that drugs or alcohol were involved in your case.

However, a wet reckless offense is preferable to a DUI because it carries lighter penalties after conviction. For example, you will not lose your driving privileges after a wet reckless conviction. According to VC 23103.5, a wet reckless is priorable, meaning the prosecutor will consider this offense after an arrest for another DUI-related offense within the next ten years.

Vehicular Manslaughter or DUI Causing Injury

Causing an injury while driving under the influence is illegal under VC 23153. For example, colliding with a pedestrian while drunk driving could attract charges under this statute. Depending on the circumstances and facts of your unique case, a charge under this statute could attract felony or misdemeanor penalties.

Adverse cases that involve gross negligence could also attract vehicular manslaughter charges. A vehicular manslaughter conviction under Penal Code (PC) 191.5 could attract hefty fines and lengthy jail time.

DUI Offense Committed Out of State

Any past DUI offense, even one committed outside the state, will count as a prior when charged with a DUI offense because it will also reflect on your record. That means if you have a three drunk driving charge convictions in another state, the prosecutor could file fourth-time DUI charges against you on a subsequent DUI-related arrest.

Finally, it is also important to note that the prosecutor could receive permission to access your expunged convictions if you are under arrest for a DUI-related crime.

The Pretrial Process When Charged With a Fourth-Time DUI

The pretrial process in the criminal justice system is the phase that occurs post-arraignment and before your trial starts. You have a right to a pretrial regardless of whether you are still in legal custody or out on bail. Generally speaking, you should never overlook the importance of this phase of the criminal court process because that is where most criminal cases end.

For example, during this phase, the prosecutor could dismiss your case or allow you to enter a plea of your choice and advance the case to a sentencing proceeding. How long the pretrial process will last will vary depending on your unique case particulars. Sometimes, the pretrial process could last up to forty-five (45) days. However, this process could grow longer in some complex cases.

The “pre-trial” in a criminal case refers to all the proceedings that occur before the trial, including the following:

  • Court appearances
  • Any discovery issue (exchange of evidence relevant to your case)
  • Motion practice (your attorney's request to the court to take a certain desired action)
  • Plea negotiations or bargains

The motion and the discovery aspect of this phase of the court process can raise several questions about the prosecutor's DUI case against you, increasing your odds of securing a favorable outcome. You need a skilled defense attorney who understands the importance of the pretrial phase in helping you achieve a favorable result on the alleged fourth-time DUI offense.

What the Prosecutor Must Prove at Trial to Secure a Fourth-Time DUI Conviction Against You

If it is impossible to resolve your case at the pretrial proceedings, it will proceed into the trial stage, where you will receive a judgment on the allegations you are facing. You have a legal right to request a speedy trial on your case, but you can opt to delay it for some weeks or months. Also, you can opt for a jury or bench trial.

Your defense attorney will advise whether to have your case tried by a judge (bench trial) or 12 jurors (jury trial). Even if your DUI case is a misdemeanor, you have the legal right to a jury trial. At the trial hearing, the prosecutor bears the legal burden of proving that the evidence he/she has against you is true beyond a reasonable doubt for the court to convict you of a fourth-time DUI offense.

If he/she fails to do so because the evidence is insufficient or lacks specific vital evidence, the court will likely reduce or dismiss your fourth-time DUI charges. Hence, your criminal defense attorney's primary focus during the trial is to discredit and weaken the prosecutor's evidence against you by providing evidence that raises reasonable doubt about the case.

Generally speaking, in a fourth-time DUI offense, the prosecutor has an advantage in proving to the court that the allegations you are facing are true based on your past convictions. However, that does not mean a conviction is inevitable. Your attorney's legal defenses can help weaken and discredit the facts the prosecutor must prove to the jury or a judge to secure a fourth-time DUI conviction against you.

Below are the facts or elements of the crime that the court will expect the prosecutor to prove with clear and sufficient evidence to secure a fourth-time DUI conviction against you under VC 23550:

You Were Driving a Vehicle

One of the facts the prosecutor must prove for a VC 23550 violation conviction is that you were operating a vehicle. DUI is only an offense if someone is operating a vehicle. The court cannot convict you of a VC 23550 violation if you were not driving during the arrest.

To support this element, the prosecutor could introduce highway surveillance videos showing you seated in the driver's seat and moving the vehicle. Other evidence that could help support the prosecutor's argument that you were driving includes eyewitness testimonies and the arresting police reports.

You Were Driving Under the Influence of Drugs or Alcohol

Since operating a car is not a standalone offense, the prosecutor must also prove that you were driving with drugs or alcohol in your system. The prosecutor will present your BAC breathalyzer and chemical test results to prove this fact.

In addition to your BAC test results, the prosecutor could present evidence from the police report that shows you were intoxicated or impaired, including your FST (field sobriety test) results and objective signs of intoxication you showed, such as:

  • Bloodshot eyes
  • Slurred speech
  • The smell from your breath
  • Watery eyes

You Have Three DUI-related Convictions on Your Record

Lastly, for a fourth-time DUI conviction, the prosecutor must prove that you have three prior DUI-related convictions on your record. The prosecutor could turn to the records department to assess the available documentary evidence to help him/her prove to the jury or judge that you have three past DUI-related convictions on your record. This documentary evidence shows your verdict on your prior DUI convictions.

If the evidence the prosecutor presents against you at trial is sufficient, the court will convict you of a VC 23550 violation.

Potential Sentence You Could Face for a VC 23550 Violation Conviction

Your VC 23550 case will go to the sentencing phase of the court process after a conviction at trial. During this hearing, the court will decide the suitable sentence for your offense based on the following:

  • Your case circumstances
  • Sentencing guidelines
  • The prosecutor's aggravating arguments
  • Your attorney's mitigating arguments

As a wobbler, a VC 23550 violation conviction can result in felony or misdemeanor penalties, depending on your specific case particulars. When charged as a misdemeanor, a VC 23550 violation conviction will carry a fine of between $390 and $1,000 and imprisonment for up to one year.

If charged as a felony, a VC 23550 violation will carry the same fine as the misdemeanor version, but you could spend up to three years behind bars. In either of these cases, a VC 23550 violation conviction will result in the suspension of your DL for up to four years.

Losing your license for a prolonged period could significantly affect your life, especially if you rely on your vehicle to commute to and from work or school. Moreover, the court will designate you as a habitual traffic offender (HTO) for up to three (3) years.

With the help of your defense attorney, you could also qualify for probation, which helps you avoid serving time behind bars. However, the probation will be subject to strict terms and conditions that you must comply with, including the following:

  • Agree to (IID) install an ignition interlock device on your vehicle
  • Agree to regular drug tests
  • Stay crime-free
  • Enrol in a mandatory alcohol and drug treatment program
  • Perform community service

Factors That Could Aggravate the Above Sentence for a Fourth-Time DUI Conviction

Specific circumstances could make your penalties for a fourth-time DUI conviction harsher. If any of the following facts are true, you will receive additional penalties on top of your original sentence for a VC 23550 violation conviction:

  • You had a minor under 14 years old onboard
  • Your BAC level was above the legal threshold of 0.08 percent
  • You caused another person to sustain a severe bodily injury while driving under the influence
  • You were speeding beyond the posted speed limit
  • You refused a BAC test after your arrest

A VC 23550 violation conviction has serious consequences, especially if your offense has aggravating factors. However, with the help of a credible and aggressive defense attorney, you could secure a dismissal of the charge or a lenient sentence.

Best Defenses to a VC 23550 Charge

To stand a chance of securing the possible outcome when charged with a fourth DUI offense under VC 23550, the prosecutor can apply various legal defenses. Common defenses that could work in your favor to secure a lenient sentence or case dismissal include the following:

You Were Not Driving

As mentioned above, evidence to prove that you were driving is necessary for a VC 23550 violation conviction. That means if your car was parked and the engine switched off at the specific time of your arrest, you would not be guilty under this statute.

Your Driving Was Justified

Under a “necessity” legal defense, your attorney can help you avoid a fourth-time DUI conviction or secure a lenient sentence by arguing that your driving was justified. For example, it would be possible if someone had an emergency health condition and there was no ambulance to drive him/her to the hospital.

You Do Not Have Three Past DUI-related Convictions Within a 10-Year Lookback Period

Your attorney could have your VC 23550 charge lessened by providing evidence showing you have not had three prior DUI-related convictions within the past ten years.

The Arresting Police Lacked Probable Cause for Your Arrest

Unless a police officer observed you committing a crime (not necessarily DUI-related) or he/she has a court-issued arrest warrant, it will be illegal for him/her to arrest you without probable cause that you committed a criminal offense. Specifically, the police must have probable cause before initiating an arrest against you as a suspect in a DUI case.

For example, breathalyzer test results that exceed the legal threshold or poor performance on your FSTs can give a police officer probable cause to arrest you on suspicion that you were driving under the influence of alcohol. If your defense attorney can prove that the arresting officer lacked sufficient evidence to warrant your arrest, the court could dismiss or reduce your VC 23550 charges.

Other viable legal defenses your defense attorney could use to challenge a VC 23550 charge include:

  • You are a victim of police misconduct
  • You have an underlying health issue that caused your BAC level to increase gradually
  • The objective or physical signs of intoxication you exhibited were due to innocent reasons, like fatigue, eye irritation, or allergy
  • The FST's results were inaccurate
  • The arresting officer did not follow the required procedures when conducting a drunk driving investigation

Working hand in hand with your defense attorney is the key to achieving a desirable outcome when charged with a VC 23550 offense. After investigating your DUI case, your attorney will know the most appropriate and viable legal defenses that will work to your advantage to secure a desirable outcome.

Common Crimes Related to a Fourth-Time DUI Offense

Several crimes are closely related to a fourth-time DUI offense under VC 23550 because they have similar elements that the prosecutor must prove at trial to secure a conviction against you. If the prosecutor lacks sufficient evidence to secure a VC 23550 violation conviction against you, he/she could file any of the following related charges against you:

DUI

If the prosecutor lacks evidence to prove your BAC was at 0.08 percent or higher at the time of the arrest, he/she could file a DUI charge against you under VC 23152(a). Even without evidence to prove you were driving with a BAC exceeding the legal limit, the prosecutor can secure a DUI conviction against you under this statute as long as he/she can prove you exhibited physical signs of intoxication.

Vehicular Manslaughter

You commit vehicular manslaughter under PC 192(c) when you operate a vehicle in an unlawful or negligent way and thereby cause someone's death. If you were drunk driving and it is your fourth offense within the past ten years, the prosecutor could file vehicular manslaughter and a VC 23550 charge against you.

Find a Criminal Defense Attorney Near Me

When you are under arrest or charged with a fourth-time DUI offense, you would not want to leave anything to chance. If you are in this situation, hiring a seasoned defense attorney is critical to help you understand the nature of the allegations you are facing and your legal options.

At Monterey Criminal Attorney, we can work with you during these difficult times to help you prepare solid defenses that can work to your advantage to secure a dismissal of your case or a lighter sentence. Call us at 831-574-1791 to discuss your case details with our experienced attorneys as soon as possible.