In many cases, your Los Angeles DUI attorney will likely make one or more pretrial motions before your drunk driving case goes to trial. If you have prior DUI convictions within the past 10 years, your defense lawyer will likely make a motion that requests that prior drunk driving convictions are stricken from your record.
Prior drunk driving convictions can substantially impact every aspect of your Los Angeles DUI case. California has a 10-year "washout" period for DUI convictions, meaning that if you have prior DUI convictions within that 10-year period, your current drunk driving arrest will be charged as a second-offense DUI. If your second arrest occurs more than 10 years after the first, you will merely be facing another first-time DUI charge.
Multiple DUI offenses can be punished with longer jail sentences, larger fines, attendance at mandatory alcohol education classes, and other repercussions.
You can be charged as a second- or third-time offender even if your previous cases have not been resolved. The California Legislature has determined that the timing of court proceedings should not affect the ability of the court to impose enhanced penalties for multiple DUI offenses.
If you're facing an unresolved DUI case and are arrested for drunk driving a second time, one option is to request a bifurcated trial. This means that your prior offense will be tried separately from, and after, your current Los Angeles DUI charge. Because prior convictions can enhance your punishment but are not elements of your current DUI offense, the court must grant bifurcation if you request it. Bifurcation motions must be made in a timely manner in order to be considered.
In some cases, prior convictions can transform a misdemeanor Los Angeles DUI charge into a felony, and even carry a state prison sentence. That is why it's imperative to have a skilled Los Angeles DUI attorney analyze your case to determine the most effective challenges to your prior drunk driving convictions.
Obtaining information about your prior DUI conviction is the first step in preparing a motion to strike. This is accomplished by submitting a written request to the court that convicted you. The court will typically provide minute orders, your written waiver of constitutional rights, and possibly transcripts of prior plea proceedings.
Some prior convictions cannot be used against you to seek enhanced punishment. For example, convictions determined to be invalid under the U.S. Constitution cannot be used for enhancement purposes. Juvenile convictions cannot be used to enhance the punishment in your current case either.
Prior offenses that can be used to enhance the punishment in your current Los Angeles DUI case include the common DUI charge (California Vehicle Code Section 23152, DUI with injury (VC 23153), "wet reckless" (VC 23103.5), out-of-state DUI convictions (VC 23626), federal DUI convictions (VC 13352d), Boating under the Influence (Harbors and Navigation Code Section 655), and those DUI convictions that have been dismissed per Penal Code Section 1203.4 (the expungement provision).
You're only allowed one constitutional challenge on a prior DUI conviction, and the court's ruling is binding on the prosecution, the defendant, and the DMV in all future judicial and administrative proceedings. Failing to obtain records in a timely manner can result in denial of the motion to strike or its postponement until the time of sentencing.
A motion to strike a prior drunk driving conviction in a Los Angeles DUI case must outline the specific constitutional rights you are alleging will be violated by the prior conviction being used to enhance your punishment. For example, you can assert that your previous guilty plea was not voluntarily and intelligently offered.
An experienced Los Angeles DUI attorney will evaluate your prior convictions to determine whether they can be stricken from your record to avoid additional punishment.
