Multiple Duis in Walnut Creek
Dui Penalties Get Worse with Each Conviction
A single DUI conviction can result in serious penalties. With every additional drunk driving conviction, those penalties become progressively more severe. If you face a new charge with an earlier DUI offense on your record, seek legal representation immediately.
Call (925) 744-8404 to discuss your repeat DUI charge.
Dedicated to Defending Clients Against Multiple DUI Charges in Walnut Creek
With over 37 years of legal experience, I focus 100% on criminal defense and represent clients charged with multiple DUIs. I review the new charge and the convictions alleged as priors, explain the enhanced penalties at issue, and defend your rights throughout the case. I can also advise you on steps intended to reduce the penalties you face.
The more prior convictions you have, the greater the risk that a judge will seek custody while the case is pending. I can advise you on approaches intended to avoid jail during that time.
A Proactive Approach to Multiple DUI Defense
A first-time DUI conviction can result in heavy fines, loss of driving privileges, and mandatory jail time. Additional factors can lead to other severe penalties. I begin by examining the charge, the evidence, and any alleged earlier offenses so I can identify the steps to take next.
California’s 10-Year DUI Lookback Period
Under California Vehicle Code section 23540, enhanced second-offense penalties apply when the new DUI occurs within 10 years of an earlier conviction that qualifies. Convictions under Vehicle Code sections 23152 and 23153 qualify for this purpose.
A wet reckless conviction under Vehicle Code section 23103, as specified in section 23103.5, also can qualify. A wet reckless is a reckless driving disposition involving alcohol. The dates and nature of the alleged earlier convictions determine whether California’s repeat-offense provisions apply.
Multiple DUI Lawyer in Walnut Creek
Repeated DUI convictions result in increasingly severe penalties. California Vehicle Code section 23550 provides that a DUI committed within 10 years of three or more separate convictions that qualify as priors is a wobbler. Prosecutors can file the charge as either a misdemeanor or a felony.
The charging decision turns on the circumstances of the case. A fourth DUI allegation therefore requires a careful review of each alleged earlier conviction and its date. A judge can still consider a conviction outside the 10-year period when determining penalties.
Second & Third DUI Penalties in California
California law increases the potential custody, fine, and driving-privilege consequences when earlier violations fall within the 10-year lookback period.
Second DUI Penalties
Under California Vehicle Code section 23540, a second DUI within 10 years of one earlier conviction that qualifies carries 90 days to one year in county jail and a fine of $390 to $1,000. A conviction also triggers a driver’s license suspension under Vehicle Code section 13352(a)(3). The court can disallow a restricted license if it finds that continued driving presents a traffic or public-safety risk.
Third DUI Penalties
California Vehicle Code section 23546 provides that a third DUI within 10 years of two earlier violations that qualify carries 120 days to one year in county jail and a fine of $390 to $1,000. A conviction results in revocation of driving privileges. It also leads to designation as a habitual traffic offender for three years following the conviction.
Criminal Court & DMV Proceedings in Contra Costa County
A DUI arrest in Contra Costa County triggers two separate matters: a criminal case in Contra Costa County Superior Court and a DMV Administrative Per Se proceeding. The Administrative Per Se proceeding concerns driving privileges following the arrest and remains separate from the criminal court case.
Misdemeanor DUI cases arising in Walnut Creek are generally handled at the Contra Costa County Superior Court’s Walnut Creek branch. The most serious felony DUI cases are handled at the Martinez courthouse. I have appeared for years in Contra Costa County courts, including both the Walnut Creek and Martinez courthouses.
Early action can show the court that you take the charges seriously. I can advise you on steps such as enrolling in a rehabilitation program, which may lead the court to reduce the penalties you face. By being proactive and taking steps that the court may recommend, I can help you to get ahead of the process.
I Can Help You with Your Repeat DUI Charge
A repeat DUI is a serious offense, especially when the prosecution alleges earlier convictions. I can examine the new charge, determine which convictions can be used to enhance the penalties, and explain your options.
Contact me online or call (925) 744-8404 to discuss your situation.
Get Clear Guidance on a Repeat DUI Charge
As a multiple DUI attorney in Walnut Creek, I offer a free DUI consultation to discuss the alleged prior convictions, the current charge, and the separate court and DMV matters involved.
You can use the contact form to tell me about your situation and arrange a consultation.
Call (925) 744-8404 to discuss your repeat DUI charge.
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