4th Offense DUI

Being charged with a fourth-time driving under the influence in Los Angeles is a much more difficult situation than a first offense. It is a wobbler that carries potential penalties, including incarceration, heavy fines, the installation of an ignition interlock device, and the Department of Motor Vehicles designating you as a habitual traffic offender. The experienced team at Leah Legal Criminal Defense Attorney can aggressively fight for your freedom and rights and offer you the support you require. We recognize that every criminal case is unique and can design defense strategies tailored to your case facts and criminal history. We can thoroughly review your case facts, including your DUI traffic stop, arrest protocols, and chemical test results, to develop the most effective legal defense.

Defining Fourth Driving Under the Influence Crime

Driving under the influence is a criminal offense in California. Priorable crimes have severe penalties each time you are found guilty of another similar or identical crime.

If you have three previous drunk driving convictions within the lookback period (ten years), Vehicle Code Section 23550.5 permits the prosecution team to charge you with a felony. The previous DUI convictions include the following:

• California DUI convictions
• Driving with excessive blood alcohol concentration
• DUI causing injury as a California misdemeanor (VC 23153)
• Wet reckless convictions (VC 23103)
• Out-of-state convictions that, if committed in the Golden State, would be considered DUI
• Previously expunged conviction(s) of the abovementioned drunk driving-related offenses

A fourth-time DUI is a wobbler. A wobbler is a crime that the prosecution can charge as either a felony or a misdemeanor, depending on the facts of the case and your criminal history. The crime carries the following potential penalties:

• A maximum of one year in jail if prosecuted for a misdemeanor, while a felony attracts sixteen months, two years, or three years in state prison
• Fines that range between $390 and $1,000
• Completing a thirty-month DUI school
• Being designated a habitual traffic offender for three years
• A four-year driver’s license revocation (However, you can continue enjoying your driving privileges if you install an ignition interlock device for three years)

You will face felony charges for picking up another drunk driving case after just one previous felony driving under the influence conviction. It does not matter whether your new DUI led to no injuries or an accident.

Additionally, a drunk driving incident that causes death or severe injuries is a felony. It does not matter whether you had a clean driving record until then.

Department of Motor Vehicles (DMV) Hearing

After your arrest, the arresting law enforcer will seize your driver’s license and issue you a notice of suspension that will function as your driver’s license for a month.

Additionally, the notice will advise you of your right to a DMV hearing. Nonetheless, you should request the administrative hearing within ten days of your arrest. If you fail to make the request, your temporary driver’s license will automatically expire after thirty days.

During your hearing, a DMV hearing officer will listen to the proof of your fourth DUI crime and determine whether to withdraw your driving privileges. The DMV hearing is independent from your criminal case.

The arresting police officer will give an account of what occurred. They typically use a police report as proof. Some of the details included in their testimony are as follows:

• Why did the police initiate the DUI sobriety stop
• Your appearances and your interaction with them
• Your field sobriety test performance
• Whether you refused to submit to a chemical test
• If you submitted to a chemical test, your BAC results
• You are entitled to cross-examine the police officer.

After the police have presented their case, you can present your version of the story. Additionally, you can challenge evidence and present witnesses.

Next, the hearing officer will determine whether you were driving drunk by a preponderance of the evidence. This burden of proof is different from the criminal case, and it is met when proof shows that it was more likely than not that you were intoxicated.

If you win the hearing, the DMV will restore your driving privileges. You can leverage your victory in the criminal fourth-time DUI case.

On the other hand, when you lose your administrative hearing, the DMV will suspend your driver’s license for four years. You can shorten your suspension duration by installing an ignition interlock device. You might also qualify for a restricted driver’s license.

Criminal Judicial Process

Here is what to expect when facing DUI criminal charges:

Your Arrest

After the police arrest you for DUI, they will process or book you. Booking involves the police taking you to their police station, where they will collect your fingerprints and mugshots, record your personal details, search your criminal record, and pay attention to your case facts.

They can either release you after you post bail or continue to detain you. Bail is the money you post with the holding facility to secure your pretrial release. It assures the court that you will appear at your scheduled court dates.

After your arrest, the prosecutor will decide whether to file criminal charges or not. If the prosecutor files the charges, they will drop your case, and you will be released from police custody. If the prosecutor presses the charges, the court will schedule your arraignment.

The Arraignment

The arraignment is the initial court hearing after your arrest.

During the arraignment, the court will read to you the criminal charge the prosecutor has filed. You can also enter a plea. Typical pleas include no contest, guilty, or not guilty. If you accept a no-contest or guilty plea, your case will proceed to a sentencing hearing.

Pretrial Process

The pre-trial process is the period in your case from arraignment to the time before your trial.

Most cases are resolved during this timeframe. For instance, you can engage in plea bargain negotiations, or the judge can dismiss your criminal case.

Pretrial means proceedings that happen before your trial, including the following:

• Court appearances
• Engaging in a plea bargain
• Discovery stage—Discovery describes the exchange of details between the prosecutor and your defense team. Its objective is for every side to know what proof the opposing side will present during trial, including witness statements, expert reports, and police reports.
• Motion—It refers to the defense or prosecutor requesting the court to make a given ruling regarding a particular aspect of your criminal case. 

Preliminary Hearings

Also known as a probable cause hearing, a preliminary hearing is a pretrial proceeding that occurs in felony cases.

The hearing is presided over by a judge, and the prosecution should submit proof associated with the DUI charges against you.

Then the judge will ask:

• Whether there exists probable cause to believe a drunk driving-related law was violated
• If so, whether there exists probable cause to believe that you committed the DUI crime

If the answer is yes, the case will proceed to trial. However, if the judge believes there is no probable cause associated with your charges, the judge could dismiss the case. 

Case Trial

If your case fails to resolve during the pretrial proceedings, it will proceed to the trial stage.

You have a right to a speedy trial. It is the entitlement to receive a jury trial reasonably promptly after the start of your DUI criminal case. To enforce it, Penal Code 1382 sets a time frame for when the trial must occur. If charged with a felony, your trial should occur within 60 days of your case’s reinstatement or arraignment. If prosecuted for a misdemeanor, you should face trial within thirty days after you take a plea to your charges or the arraignment. However, there are exemptions to these timeframes, including the following: 

• You have entered into a time waiver of the statutory requirement
• You have consented or requested a trial date after the date outlined in the law
• The court has found good cause to reschedule your trial date

Here are some of the things to expect during the trial phase:

• Selecting the jury
• Both sides present their case
• Verdict
• Sentencing
• Closing statements
• Opening statements
• Jury deliberation

How to Help Your Attorney Defend You

Your experienced DUI defence attorney is committed to fighting for your rights, freedom, and future. Nonetheless, they require your assistance to obtain the most favorable case outcome based on the facts of the case. Here is how you can help your lawyer:

Avoid Talking to the Arresting Officer Without a Lawyer

Note that you have the constitutional right to a lawyer, and you can have one present during questioning. Do not assume you can navigate the case alone. Wait until your lawyer arrives to answer questions from the police. Keep in mind that the police could use whatever you say against you in court.

Refrain from Discussing Your Case

You may find it comforting to share your case with friends or loved ones, but doing so can compromise your legal defense strategies. You should also avoid posting on social media about your case until it is resolved.

Understand that any statements you make can complicate the case, for example, anything that contradicts the official statement you gave the police. The discrepancies could have a detrimental impact on your case because prosecutors may use your own words against you, even those posted online.

Be Honest

Be fully honest when discussing your legal situation with your attorney. Telling your defense attorney all facts of your case does not count as a confession in court.

Note that the attorney-client privilege safeguards your conversations with your legal representative.

Being truthful helps make your lawyer’s job easier. If you conceal some facts, they might discover them later from the prosecution team during your trial, making it challenging for the lawyer to defend you effectively.

Telling the truth also helps your attorney provide you with an honest case evaluation and potential outcomes.

Follow Your Attorney’s Advice

Your legal representative will review all your options, the process, your odds and then make recommendations. Ask them all the questions you want, as it can help them better understand the facts of your case.

Your lawyer understands the legal procedure and will always act in your best interest based on their knowledge and experience. Following your lawyer’s advice helps you leverage their ability to have your case dismissed or reduce potential penalties.

Ask Questions

You should know what to expect in your fourth-time DUI case and understand your attorneys defense strategies. Ask as many questions as possible if you require clarification or if your attorney is not updating you frequently.

Offer Evidence

Another way you can help your defense attorney is to gather proof that reinforces your criminal defense. Present them with the documents you think would be helpful, as well as those they need. The attorney can interview witnesses before deciding whether they can testify and can subpoena them.

Miranda Warning in Your DUI Case

The Fifth Amendment to the United States Constitution requires the police to read you Miranda warnings before interrogating you while you are in their custody. The warnings safeguard you from self-incrimination.

The law requires the police to advise you of this right once the conditions below are satisfied:

• You are detained and cannot leave freely
• The law enforcers want to perform a custodial interrogation

Here are the components of a typical Miranda warning in your DUI case:

• You are entitled to remain silent
• The police can use your statements against you in a court of law
• You are entitled to an attorney and have them present during your interrogation
• If you cannot afford to retain an attorney, the court can appoint a public defender at no cost

Please note that the police are not lawfully required to read the Miranda warnings during your investigations. The investigation is the duration following your DUI sobriety stop and before your arrest. During the investigation, the police can do any of the below:

• Request your registration and driver’s license
• Request you to conduct field sobriety tests
• Request that you take preliminary alcohol screening tests
• Ask you questions to determine whether you have signs of intoxication, like confusion
• Dilated eyes
• Watery eyes
• Slurred speech

While you do not have to answer the police questions during the sobriety stop, you should show them your registration and driver’s license.

Please note that the police must read the Miranda warning before conducting a custodial interrogation. Custodial interrogation is an interrogation in which the police ask questions that may elicit incriminating answers. The questions could be identical to those the police asked during your driving under the influence investigation.

Invoking Your Constitutional Right

You do not require special words to invoke the Miranda rights. Nevertheless, you should state it affirmatively and clearly.

Keeping quiet without invoking the right can be considered as proof of guilt. However, after you invoke this legal right, the police cannot use your choice against you.

Some of the ways you can safeguard your rights are by:

• Telling the police nothing
• Requesting to talk to your attorney
• Affirmatively stating that you want to invoke your entitlement to remain silent

Waiving the Right

After reading you the legal rights, the police will inquire whether you understand your legal rights. The police will ask whether you want to talk to them. It is called waiving your Miranda rights.

There are no particular words the law enforcers should use.

You should be firm about your desire to invoke the entitlement to remain silent.

Even if you waive your entitlement and begin to speak with the law enforcers, you can change your mind and invoke the right. After invoking the right, any incriminating statement you make after that will be inadmissible. Nonetheless, statements you made before invoking your right might be admissible.

What Happens When Law Enforcers Violate Your Miranda Rights?

If the police break your constitutional rights, your defense lawyer can request the court to dismiss any statement you made after the police violated your rights.

Some of the ways the police can violate your rights are as follows:

• The police did not warn you at all
• The law enforcers fail to read you the Miranda rights before starting custodial interrogation.
• The law enforcers continued to question you even after you invoked the entitlement to remain silent.
• The law enforcer coerced or threatened you so that you would waive your rights.

The court will only dismiss the statements you made when the police violated your rights. In other words, a violation does not imply the court will dismiss your entire fourth DUI criminal case or exclude every statement you made to the police.

Additionally, even if there are Miranda violations, the prosecutor could still use other pieces of evidence to prove your guilt. These pieces of evidence can include:

• Your FST’s performance
• Your BAC
• Signs of intoxication
• Traffic cam video footage
• Witness statements

DUI Legal Defenses

Here are possible defenses to your fourth DUI offense:

Breath Test Mistakes

Driving under the influence breath tests are prone to a variety of mistakes that include the following:

• Malfunctioning
• Incorrect handling by law enforcement
• Physiological conditions, for example, your diet or GERD
• External environment factors, including radio frequency interference

Even though the DUI breath test is relied on to measure a person’s BAC, it may be inaccurate. The DUI breath tests do not directly measure the level of alcohol in your bloodstream. Instead, the tests determine the quantity of alcohol in the breath before converting the amount in order to know the quantity of alcohol in the bloodstream.

Consequently, DUI breath tests often return an incorrect high BAC readings.

Medical Conditions

The conditions include:

• Acid reflux
• Hiatal hernia
• Heartburn
• Hiatal hernia
• Gastroesophageal reflux disease

These medical conditions cause the production of stomach acid that can rise into your mouth. Therefore, if you experience any of these conditions, your lawyer can craft a strong defense based on that.

Mouth Alcohol

DUI breath test devices function by drawing a sample of your breath from the deep lung tissue, also called alveolar air. However, the testing equipment might capture mouth alcohol instead of alveolar air if:

• You had used breath spray or mouthwash containing alcohol
• You regurgitated or burped after drinking a small amount of alcohol
• Your dental work trapped some small amount of alcohol-soaked foods in the teeth
• You had chewed tobacco
• You experience acid reflux, GERD or heartburn

Consequently, mouth alcohol might trigger an incorrect high blood alcohol reading on a DUI chemical test. If this occurs, your attorney could contest the test outcome as a defense strategy.

Rising Blood Alcohol

Rising blood alcohol can be a defense even if you did not take a DUI breath test or blood test.

Alcohol requires between fifty minutes and 180 minutes to be detected in your system. For example, if you are pulled over and arrested for a fourth-time DUI offense, the officer may administer a chemical test. At the time of your arrest, if the blood alcohol level was on the rise, the test readings will return a higher blood alcohol concentration than when you were driving.

Your blood alcohol content that matters is what it was while you were driving. Your lawyer can utilize rising blood alcohol as a defense.

Title 17 Breaches

California’s Title 17 regulations outline the protocols for the following:

• Collecting
• Analyzing
• Storing

The rules are clear, and a violation of Title 17 could compromise the BAC results.

Suppose a qualified technician does not draw the DUI blood samples, and the breath testing devices used were not calibrated according to Title 17 regulations. Your legal counsel should argue for the prosecution team to exclude the evidence or probe its accuracy.

Find a Tenacious DUI Defense Attorney Near Me

California has strict DUI laws. If you have been arrested in Los Angeles for a fourth-time DUI crime, you risk facing severe criminal penalties, including incarceration, paying fines, and driver’s license suspension.

Hiring Leah Legal Criminal Defense Attorney can make a significant difference in your criminal case’s outcome. We can collect and review case evidence to develop the most effective legal strategy. We can also aggressively fight for your freedom and rights before the judge. Please contact us at 213-444-7818 to schedule your initial free case review.