You may go to jail for 16 months to 3 years for a 4th DUI. The exact length of your incarceration will depend heavily on the facts of your case and the quality of your defense. Due to the complexity of a DUI defense, your best chance at reducing or eliminating your time behind bars is with the help of a lawyer who has a great deal of experience with DUI cases.
A DUI lawyer in Los Angeles can investigate your arrest, build a strong defense case on your behalf, and work hard to protect you from the jail time and other consequences that come with a 4th DUI conviction. Let’s take a closer look at how long you go to jail for a 4th DUI.
Facts About 4th DUI Jail Time
If you’ve been convicted of DUIs before, you know that spending time behind bars is a real possibility after a drunk driving arrest. You also likely know that repeat DUI offenses in California are treated differently than a first offense, even when the facts of the case are the same. If you spent time in jail for previous DUIs, you’ll likely face a longer jail sentence for a 4th DUI.
That’s because California law categorizes DUI as a “priorable” offense. This means that repeat offenders face harsher penalties than first-time offenders. By the time an individual reaches a 4th DUI charge, state law allows prosecutors to seek a felony charge for the offense.
First, second, and third DUIs are usually considered misdemeanors. However, once you are convicted of a 4th DUI, it’s considered a felony. That means you won’t actually serve jail time for a 4th DUI. Instead, you’ll be ordered to serve time at a state penitentiary.
These facilities house more violent offenders, offer even less freedom than a jail and can be hours away from your friends and family. Prison sentences for a fourth DUI are also longer than previous DUI convictions. A fourth DUI conviction can start at 16 months but may last as long as three years.
Longer Jail Sentences Are Possible for a 4th DUI Conviction
The 16-month to three-year range for 4th DUI jail time assumes that there are no aggravating factors surrounding your DUI arrest. You may face a longer period of incarceration if your DUI included one of the following aggravating factors:
- Excessive speeding or reckless driving
- DUI with a person under 15 in your vehicle
- Causing a serious or fatal injury
- Chemical test refusal after your arrest
These aggravating factors can add years to your sentence. If one of these affects your case, you may end up spending four to 15 years in state prison. If you’re facing jail time for a 4th DUI, don’t wait to hire an attorney. A lawyer can work hard to protect your rights and get your sentence reduced.
A Felony Charge Isn’t a Necessity
Prosecutors will almost always seek to pursue felony charges for a fourth DUI. However, in some situations the law does allow a fourth DUI to be tried as a misdemeanor. A misdemeanor DUI charge will come with less severe penalties, including the possibility of going to a county jail instead of a state prison.
You’re not likely to get a prosecutor to agree to drop a felony DUI to a misdemeanor charge on your own, particularly if they feel confident about the prospects of getting a conviction. With a DUI lawyer by your side, you’ll have an experienced negotiator there to pursue a lesser charge.
By strongly challenging the prosecutor’s case, your DUI lawyer will increase the likelihood that the prosecutor will agree to a lesser charge or even drop the charges entirely. Reach out to an attorney today to learn more about how to avoid serious jail time for a 4th DUI conviction.
Other Penalties That Come with a 4th DUI Conviction
While a prison sentence is among the most severe penalties that come with a DUI conviction in California, it isn’t the only one. Upon receiving a fourth DUI conviction, you will also be subject to the following consequences:
- Felony status on your record
- $18,000 in court assessment fees and statutory fines
- Following a court order to install ignition interlock devices in all your vehicles
- 30 months of DUI classes
- Possible permanent revocation of your driver’s license
How Long You Go to Jail for a 4th DUI Depends on How Your Case Is Handled
The duration of a jail sentence for a DUI conviction varies based on several factors and how the case is handled in court. Individuals charged with driving under the influence (DUI) in California may face different penalties depending on the circumstances of their offense, prior criminal history, and legal representation.
For first-time offenders, jail time is often less likely, with alternative penalties such as probation, fines, and participation in court-approved DUI classes being common outcomes. However, for repeat offenders or cases involving aggravating factors such as accidents resulting in injury or fatalities, jail sentences may be more severe.
Additionally, effective legal representation by a skilled DUI attorney can influence the outcome of a case. Working with an experienced lawyer can potentially lead to reduced charges or alternative sentencing options that minimize or eliminate jail time.
How a Skilled DUI Lawyer Can Help You
Facing prison or jail time for a 4th DUI can be nerve-wracking. Fortunately, joining forces with a committed and experienced criminal defense lawyer can help you avoid the severe consequences that can come with a 4th offense.
Here’s what a skilled lawyer can do to get you the best outcome possible:
- Investigate your DUI arrest
- Gather evidence and construct a strong DUI defense strategy
- Analyze the arresting officer’s conduct to determine if your rights were violated
- Represent you during hearings and other proceedings
- Negotiate with prosecutors to get your charges reduced
- Represent you in court and fight for a fair verdict
- Offer sound legal advice throughout your case
Consult a Los Angeles DUI Lawyer Today
Now that you know how long you go to jail for a 4th DUI, it’s time to hire a skilled attorney and get started on your criminal defense case. A lawyer can answer any questions you have about 4th DUI jail time, prepare a compelling defense on your behalf, and ensure your fights are protected throughout the duration of your case.
Contact Los Angeles DUI Attorney today to schedule a free consultation with an attorney and learn more about the criminal defense process. We’ll provide the information you need to understand the penalties you’re facing and how a strong defense can help you avoid harsh consequences.
