Driving under the influence has been the subject of ramped up law enforcement activities in Orange County, particularly in Fullerton, Santa Ana and Newport Beach. Designed to identify and punish offenders and act as deterrence to other drivers, judicial sentencing is characteristically harsh, even for first time offenders. More severe sanctions will apply if someone was injured as a result of your DUI or if you have had a prior DUI conviction within the last 10 years.

Offenses Considered as a Prior

In examining your record any of the following is considered a prior DUI:

• VC 23152 (a), driving under the influence
• VC 23152 (b), driving with an excessive BAC
• VC 23153, driving under the influence with an injury
• VC 23103.5, known as a wet reckless; you cannot be charged with this offense and it is available only as a plea bargain deal. Although not technically a DUI offense, it counts as a prior DUI if you reoffend.

Additionally, as your Orange County DUI attorney can explain, out of state convictions that would be charged as one of the above offenses if committed in California count as priors, as do expungements of any of those offenses.

Penalties for a Second Dui

• 96 hours to one year in jail
• $390 -1000 fines
• Two years license suspension, possibly convertible to restricted after 12 months
• 18 or 30 months DUI school
• Three – five years probation

Penalties for a Third Dui

• 120 hours to one year in jail
• $390 -1000 fines
• Three years license suspension, possibly convertible to restricted after 18 months
• 130 months DUI school
• Three –five years probation

Fourth DUI

If you have at least three prior DUI convictions on your record, the fourth and subsequent DUIs will be prosecuted as a felony. Upon conviction, you would face:

• 16 months or two years or three years in prison
• $390 – 1000 fines
• Habitual traffic offender designation for three years
• Four year license revocation

Aggravating Factors

The above referenced penalties reflect the typical range for second, third and subsequent DUIs without consideration of other circumstances that could substantially increase the punishment. Among the aggravating factors the judge will consider include if your BAC was 0.15 percent or higher, if you caused an accident, if you refused to submit to a chemical test, if you were driving at an excessive speed, if you had a person under the age of 14 in the car or if you were under the age of 21.