Mission Viejo Multiple DUI Lawyer

Understanding Multiple DUI Charges in California

California’s DUI laws are among the strictest in the nation, and repeat offenses are treated with increasing severity. Under California Vehicle Code §23152, it is illegal to drive under the influence of alcohol, drugs, or a combination of both. A “priorable offense” means each DUI within a 10-year period counts as a prior and increases penalties for subsequent convictions.

Whether your prior convictions were in Mission Viejo, another California county, or even another state, they can still impact your current case.

Common reasons drivers face multiple DUI charges include:

• A previous DUI conviction within the past decade
• Being charged with DUI while on probation for a prior offense
• Multiple DUIs involving drugs, alcohol, or a combination of both

At Braden & Tucci, we understand how a repeat DUI charge can upend your life. Our goal is to help you navigate the legal system and pursue the best possible outcome.

Second DUI

A second DUI offense in California carries significantly harsher penalties than a first offense. If you’re convicted of a second DUI within ten years of your first, you could face:

• Jail Time: 96 hours to 1 year in county jail
• Fines: Between $390 and $1,000, plus penalty assessments
• License Suspension: Up to 2 years, with possible restricted license after 12 months
• DUI Education Program: 18- to 30-month alcohol treatment program
• Ignition Interlock Device (IID): Required installation for up to 1 year

Beyond these penalties, a second DUI conviction can increase your insurance premiums, limit employment opportunities, and damage your personal reputation.

Our Mission Viejo multiple DUI lawyer from Braden & Tucci can help you challenge the evidence, question police procedure, and explore alternatives to jail, such as house arrest or a DUI treatment program.

Third DUI

A third DUI offense is considered extremely serious under California law. Judges and prosecutors often take a hard stance, viewing repeat DUIs as a sign of habitual impairment.

If convicted of a third DUI within ten years, you may face:

• Jail Time: 120 days to 1 year in county jail
• Fines: $390 to $1,000 (plus substantial penalty assessments)
• License Suspension: Up to 3 years
• DUI School: 30-month multiple offender program
• IID Requirement: Up to 2 years
• Probation: 3 to 5 years

Additionally, you may be labeled a “habitual traffic offender” by the California DMV, which can further affect your driving privileges.

Fourth or Subsequent DUI

A fourth or subsequent DUI offense within a ten-year period is typically charged as a felony in California. This means that instead of facing county jail time, you could face state prison and long-term consequences such as losing your right to vote or possess a firearm.

Potential penalties for a fourth or subsequent DUI include:

• Prison Time: 16 months to 3 years in state prison
• Fines: $390 to $5,000
• License Revocation: 4 years or permanent revocation
• IID Requirement: Up to 3 years
• Felony Record: With lifelong implications for employment, housing, and civil rights

In some cases, your attorney may be able to negotiate a reduction to a misdemeanor charge, especially if there were no injuries, high BAC, or aggravating factors. Our Mission Viejo multiple DUI defense lawyers will aggressively pursue every opportunity to lessen your penalties or challenge the prosecution’s evidence.

Building a Defense for Multiple DUI Charges

Even if you have prior DUI convictions, you still have rights — and your case is not hopeless. There are several defense strategies our Mission Viejo multiple DUI attorney may use, including:

• Challenging the traffic stop: Was there probable cause to pull you over?
• Questioning field sobriety tests: Were they conducted properly or under poor conditions?
• Disputing breath or blood test results: Equipment malfunctions and human error are common.
• Investigating procedural violations: Were your Miranda rights respected? Was the arrest lawful?
• Plea negotiations: In some cases, reduced charges such as “wet reckless” may be possible.

At Braden & Tucci, we know that every detail matters in a DUI case. Our team reviews every piece of evidence, identifies weaknesses in the prosecution’s case, and works relentlessly to protect your freedom.

Multiple DUI FAQs

Can I be charged with a DUI again if my first conviction was several years ago?

Yes. Any DUI conviction within the last 10 years counts as a prior offense under California law.

Will I lose my driver’s license after a second or third DUI?

Most likely. The DMV can suspend your license separately from the court. You must request a DMV hearing within 10 days of your arrest to contest the suspension.

Is jail time mandatory for a second or third DUI?

Some jail time is typically required, but an experienced attorney may help reduce it or negotiate alternatives like work release or house arrest.

Can I get a DUI expunged from my record?

In many cases, yes. After completing probation and meeting certain conditions, you may be eligible for an expungement that removes the conviction from public view.

What should I do if I’m arrested for another DUI?

Remain calm, do not discuss your case with police, and contact Braden & Tucci immediately for guidance. Early legal intervention can significantly affect the outcome of your case.