Expert Advice When You Need It Most

Fouth dui....What are my charges

fourth dui?

Save

Attorney answers (3)

Reputation Level 15
Hello,

I have to respectfully disagree with both of the prior attorneys as to parts of their answers.

As to Attorney Post's answer - it is not a mandatory felony, it is what is referred to as a wobbler, it can be charged as a felony OR a misdemeanor if it's 4 within 10 years. I do agree if it's a 4th you need to fight it.

As to Mueller's answer the minimum is 180, not 120 and can be up to 3 years.

The above doesn't take into account any other factors, such as probation violations, enhancements, etc.

Good luck with your situation and remember the above is general information only and not specific advice to your case.

Matthew Williamson
1 person marked this answer as good

Reputation Level 10
A fourth DUI in California (where the three prior DUI convictions are within 10 years of the new arrest) is charged as a felony and not a misdemeanor. This is a very serious matter and you should contact a DUI lawyer in Fairfield to discuss your case. Avvo.com is a good resource and so is the California DUI Lawyers Association.

Sincerely,

Adam

Lawyer Adam J. Post practices Criminal Defense at the Law Office of Adam J. Post, in Los Angeles, California. His practice includes the representation of clients facing DUI charges. Visit adamjpost.com or laduidefense.blogspot.com for more information on his practice and Los Angeles focused DUI articles.

Disclaimer: The information obtained here is not, nor is it intended to be, legal advice from Lawyer Adam J. Post. Consult an attorney in your state for advice regarding your individual situation. The information does not create an attorney-client relationship nor is it intended to. Contacting Lawyer Adam J. Post does not create an attorney-client relationship. Do not send any confidential information until an attorney-client relationship has been established. Any testimonials or endorsements contained herein do not constitute a guarantee, warranty or prediction by Lawyer Adam J. Post for the outcome of your legal matter. This site is a public resource of general information. It is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. It is not intended to be a source of advertising, solicitation or legal advice. Links on the Web site are not intended to be referrals or endorsements of the linked entities. Adam J. Post is licensed to practice law in the state of California and does not practice law in any other state. Lawyer Adam J. Post does not intend to represent any client in a state where this Web site fails to comply with all laws and ethical rules of that state.

Reputation Level 14
FOURTH OR SUBSEQUENT OFFENSE
within 10 years


120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.


16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now