A new DUI charge carries much more serious consequences if you have had a prior DUI or “Wet Reckless” conviction in the last 10 years. A DUI is still a misdemeanor if there are no felony DUI priors within 10 years, you have 2 or less misdemeanor priors and there was no accident caused by the DUI driver resulting in injury to another. Penalties are significantly increased with priors and it will be a felony if there are 3 prior convictions within 10 years regardless or there was an injury accident.
A DUI with 1 prior does carry custody and carries 3 to 5 years informal probation on condition you do not to drive with a measurable amount of alcohol in your system, take a chemical test if requested by law enforcement in the field and at the station, do not drive without license and insurance and violate no laws other than minor traffic infractions. Pay a large fine, Attend the 18 month multiple conviction program, attend a Victim Impact Class, 96 hours to 1 year in jail, ignition interlock on any vehicle owned or you have access to. Two year license suspension for a second offense but you are eligible for a restricted license if you meet DMV requirements. There are additional penalties if you are also still on probation for violating the terms of your probation which can include additional custody on your prior.
A DUI with 2 priors – same as above with minimum 120 days minimum custody to 1 year, and 3 year license suspension but eligible for restriction if you meet DMV criteria.
A DUI with 3 priors is a FELONY – same as above with 180 days minimum custody and up to 3 years state prison, 4 years no license.
Having a prior qualifying conviction either DUI or “Wet Reckless” significantly increases penalties as well as additional custody that will be imposed – especially if there are other aggravating factors like being on probation still on your prior, having a high blood alcohol level, involved in an accident or dangerous driving. There are things that can be done to help minimize some of these consequences, like AA meetings, treatment, enrolling in the required DUI program. There are also additional DMV consequences that will need to be addressed concerning licensing. A DUI Defense attorney can explore possible defenses and help guide you through the Court and DMV to get the best possible resolution.
