A 4th DUI conviction typically comes with 16 months up to 3 years in state prison. The exact length of your incarceration will depend heavily on the facts of your case and the quality of your defense.
If you’ve been convicted of DUIs before, you know that spending time behind bars is a real possibility. 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 convictions, you can likely expect a longer sentence for a fourth DUI.
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 specializes in DUI cases. We can help you connect with an experienced DUI lawyer in Los Angeles when you call us or enter your contact information on this website.
Facts About a 4th DUI Jail Sentence
California law dictates that DUI is a “priorable” offense, and individuals who are repeatedly convicted of it are subject to escalating punishments. By the time an individual reaches a fourth DUI charge, state law allows prosecutors to seek a felony charge for the offense.
As misdemeanors, DUIs before a fourth typically come with a sentence to serve time in a county or local jail. Once you’ve reached the fourth DUI or your DUI is charged as a felony for other reasons, the incarceration penalty will no longer result in time in jail.
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 Sentences Are Possible
The 16-month to three-year range assumes that there are no aggravating factors surrounding your DUI arrest.
Aggravating factors include:
- 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.
A Felony Charge Isn’t a Necessity
Prosecutors will almost always seek to pursue felony charges for a fourth DUI. However, 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.
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:
- 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.
A Statistical Analysis of Los Angeles DUI Arrests
According to the California DMV’s report on DUI arrests by county, Los Angeles County (LAC) witnessed 24,642 arrests in 2018, 23,529 in the subsequent year, and 17,780 in 2020. This declining trend in DUI arrests indicates possible shifts in various factors, including law enforcement strategies and changes in DUI behavior among individuals.
Additionally, the decrease might reflect an increased availability of designated drivers, suggesting positive efforts in curbing drunk driving incidents within the county.
Consult a Los Angeles DUI Lawyer Today
Ultimately, many factors can determine how long a fourth DUI will result in incarceration. Many of these factors, like the prosecutor’s performance and the judge’s disposition, are out of your control.
However, you aren’t powerless to affect how long you end up in jail or prison. Having an experienced DUI lawyer represent you is an effective way to decrease your time in prison. Following the advice of the right DUI attorney may even allow you to avoid spending any time behind bars.
Contact us today to learn more about how to schedule your free appointment with a leading DUI lawyer in Los Angeles. A strong defense requires time to build, so don’t wait to call!
