4th Dui In California

DUI 4th Offence in California

Drinking and driving is an offence of serious type in the State of California. State deters the activities like DUI Consequences very harshly. One can infer it from a fact that if a person is convicted for subsequent Dui or Dui for the fourth time with the time spans of 10 years from the previous conviction then it that subsequent or fourth Dui will be considered as an offence of felony.

DUI Fourth Punishments And Fines

Since driving under the influence of alcohol is an offence of grave nature in the State California hence the punishment it invites is also harsh. If any person is convicted of a Dui Fourth and the offense occurred within a period of ten years of three or more separate violations then in such case that person shall be liable to be punished by imprisonment in the state prison, or in a county jail.

The period for such imprisonment will be not less than 180 days or more than one year.

In addition this imprisonment a fine will also be imposed on such offender. The amount of fine shall not be less than three hundred ninety dollars ($390) nor should it be more than one thousand dollars ($1,000). Role of judge plays a very significant role in imparting such kind of a punishment. For this purpose a judge has to look into the facts and circumstances of each case and apply its mind to give punishment.

The person’s privilege to operate a motor vehicle shall also be revoked. In addition to this the court shall require an offender to surrender the driver’s license to the court. This is for the safety of the society from such offenders and ensures the peaceful living.

Any person convicted for Dui fourth shall also be punished and designated as a habitual traffic offender for a period of three years, subsequent to the conviction.

Sentencing

A California fourth or subsequent DUI may be charged against a person:

  • When such subsequent DUI causes injury or death to any person,
  • When the person has already been charged with prior three DUI’s or any combination thereof, or
  • “Simple” misdemeanor DUI will turn into a felony if the person has already been convicted of prior three DUI cases.

The pre- requisite for the last two conditions is that prior convictions of an offender for Dui must be within the time span of ten years in order to make him convict for fourth DUI.

Is Fourth DUI An Offence Of Felony In CA?

A fourth or a subsequent DUI within a ten year period of previous three convictions is a felony. The maximum period of sentence for a felony DUI without any injury to any person may extend up to three years. Prison is not mandatory and a lot will depend on individual circumstances to be considered while sentencing by the judge in the light of various factors affecting the individual case. Hence, whether the fourth DUI is a felony or not depends highly upon facts and circumstances of each case. In California, there exist three prominent or main situations in which the district attorney might choose to charge someone with a Felony DUI:

  1. There must be bodily injury to a person other than the person being charged
  2. The person who has been charged is on their 4th DUI (or more) within a time span of 10 years
  3. The person who has been charged has at least one prior felony DUI charge on his or her record

In Oakland Dui also the same procedure for punishing the offenders exists.