Getting arrested for driving under the influence (DUI) is a serious matter, but the consequences escalate dramatically if you have multiple convictions. If you’re facing your fifth DUI charge in California, you may be wondering what penalties you could be up against.
If you get five DUIs within the lookback period, this means you’ve already had one felony DUI charge. You’ll get charged with another felony and potentially far more severe penalties than your first felony DUI.
As experienced Los Angeles DUI lawyers, we understand the stress and fear you’re likely feeling. In this article, we’ll explain the potential legal ramifications of a fifth DUI offense in California and why having legal representation is critical if you’re in this situation.
California’s Lookback Period for DUIs
California has a 10-year “lookback” period for DUIs, meaning any convictions within the past decade count as prior offenses. If your four previous DUIs occurred more than 10 years ago, your current charge would be considered a first-time DUI.
However, if all five DUIs fall within the lookback period, you’ll face significantly harsher penalties. Each DUI beyond the first will have harsher penalties than the previous, but the fourth and fifth ones cause a significant shift in penalties because they are felonies.
Penalties for a Fifth DUI in California
A fifth DUI in California is an automatic felony charge. If convicted, you could face:
- Imprisonment: 2-4 years in state prison, with a minimum of 180 days served.
- Fines: Up to $5,000 in fines and penalty assessments.
- License suspension: 4-year driver’s license revocation, with no eligibility for a restricted license.
- Ignition Interlock Device (IID): Mandatory IID installation on all vehicles you own or operate.
- DUI school: Completion of a 30-month court-approved DUI program.
- Habitual Traffic Offender (HTO) status: Designated as an HTO for 3 years, resulting in increased penalties for any driving violations.
Keep in mind that aggravating factors like causing injury, having a high blood alcohol concentration (BAC), or refusing a chemical test can lead to enhanced charges and even stricter punishments.
Civil Rights Lost with a Felony Conviction in California
A felony DUI conviction in California carries severe criminal penalties, but it also results in the loss of certain civil rights. If you’re convicted of a felony, you may face the following restrictions:
Voting Rights
- You lose the right to vote while serving a prison sentence or while on parole for a felony conviction.
- Once you complete your sentence and parole, your voting rights are restored.
Jury Service
- You are disqualified from serving on a jury if you have a felony conviction on your record.
- Even after completing your sentence, you may be permanently barred from jury service.
Firearm Possession
- You lose the right to possess, purchase, or own firearms if you’re convicted of a felony.
- This is a lifetime ban in California, even after you’ve completed your sentence.
Public Office and Government Employment
- You may be disqualified from holding public office or securing government employment with a felony conviction.
- Some positions have specific restrictions, while others may consider your individual circumstances.
Professional Licenses
- A felony conviction can result in the loss of professional licenses (e.g., medical, legal, teaching).
- You may face disciplinary action, suspension, or revocation of your license by your professional licensing board.
Losing these civil rights can have a profound impact on your life, making it harder to fully participate in society and pursue certain opportunities. It’s important to understand the gravity of these consequences when facing a felony DUI charge.
Long-Term Consequences of a Fifth DUI
Beyond the criminal penalties, a fifth DUI conviction can have far-reaching impacts on your life. You may face:
- Employment issues: Difficulty finding or keeping a job, especially if your role involves driving.
- Professional license revocation: Suspension or revocation of professional licenses (e.g., medical, legal, real estate).
- Immigration consequences: Deportation or denial of citizenship for non-U.S. citizens.
- Higher insurance rates: Significant increases in car insurance premiums or inability to obtain coverage.
- Personal relationships: Strain on family, friends, and romantic partnerships due to your criminal record.
A fifth DUI conviction can alter the trajectory of your life for the worse, which is why it’s essential to fight these charges with the help of an experienced DUI defense attorney.
Defending Against a Fifth DUI Charge
While the outlook may seem discouraging, there are defense strategies we can employ to challenge the evidence against you and work towards a more favorable outcome. Some common defenses include:
- Challenging the legality of the traffic stop.
- Questioning the accuracy of BAC tests.
- Examining whether proper arrest procedures were followed.
- Investigating any medical conditions that could have affected field sobriety tests.
Our skilled DUI lawyers will thoroughly review the circumstances surrounding your arrest and build a robust defense tailored to your case. We have a track record of successfully advocating for clients facing multiple DUI offenses.
Get Help from a Los Angeles DUI Lawyer
If you’re grappling with a fifth DUI charge in California, time is of the essence. The sooner you involve a knowledgeable DUI attorney, the better your chances of minimizing the severe consequences you face.
At Los Angeles DUI Lawyer, we understand the gravity of your situation and are committed to fighting tirelessly for your rights. Don’t let a fifth DUI conviction derail your life. Contact us today for a confidential consultation.
We’ll listen to your story, explain your options, and devise a strategic plan to achieve the best possible outcome. With our experience and dedication in your corner, you can face this challenging time with confidence.
