If you have been arrested for driving under the influence (DUI) in Alameda and have a prior conviction, you should contact an experienced Alameda DUI lawyer as soon as possible. Prior DUI convictions can significantly add to the penalties that you face. In the state of California, there is a ten-year “washout” period regarding DUI cases. This means that if you are charged with a subsequent DUI offense within a 10-year period, then the court may impose enhanced penalties against you that include larger fines, installation of an ignition interlock device, lengthier jail sentences, etc.
Penalties that may be imposed against subsequent DUI offenders include:
Second DUI
- Potential jail time of 90 days up to one year
- Fines and penalties of approximately $3,000
- One to five years of probation
- Driver's license suspension of up to two years
- Mandatory rehabilitation/alcohol education classes for 18 months
- Vehicle impoundment for 30 days
Third DUI
- Additional jail time of 120 days
- Fines and penalties of approximately $3,000
- One to five years of probation
- Driver's license suspension of up to three years or revocation up to four years
- Mandatory rehabilitation/alcohol education classes up to 30 months
- Vehicle impoundment
Fourth DUI
In addition to the above penalties, drivers convicted of a fourth DUI face:
Additional jail time of 180 days
Fines and penalties of up to $5,000 or more
16 months to 3 years in a state prison (if convicted of felony DUI)
Driver's License revocation of up to 4 years
Mandatory Rehabilitation/Alcohol Classes in a 30-month program.
Motions to Strike Prior DUI (Motion for Bifurcation)
Even if you have a prior DUI, all is not lost. In some instances, individuals may find themselves faced with a subsequent DUI charge even though they have not been convicted of the first offense. A Motion for Bifurcation can then be filed, requesting that the prior DUI offense be stricken from the record in the case of the second DUI. Motions for Bifurcation ask the court to split up the two cases (the prior DUI case and the current one). The courts are required to grant bifurcation upon request by the DUI defendant because prior DUI convictions are not elements in a DUI case, but rather are enhancements. What this means is that when bifurcation is granted, then the prior offense will not count against the DUI defendant in the subsequent case. Obtaining bifurcation will help to lessen the penalties that may be imposed against the DUI defendant.
Faced with a Subsequent DUI Charge?
Get Help Today!
If you are faced with a subsequent DUI offense, it is important that you contact an experienced and knowledgeable Alameda DUI attorney as soon as possible. At the Alameda DUI Law Firm, we are fully aware of the consequences that you face and are fully prepared to do everything within the law to ensure that these consequences are minimized. Our highly-skilled Alameda DUI lawyers possess a vast amount of legal expertise and can help minimize the penalties that may be imposed against you for your second, third, fourth, or other subsequent DUI offense.
