Since DUI (driving under the influence) cases are the most common causes of most fatal auto accidents, prosecutors and judges treat these offenses seriously. Being under arrest or charged with a DUI offense is a serious issue in the eyes of the court, and the penalties you could face upon conviction could escalate significantly if you have a past DUI conviction record.
If this is your 5th DUI offense within the past decade or ten years, the prosecutor will file your charges as a felony, meaning the penalties you could face upon conviction at trial are life-altering. However, being under arrest as a suspect in a DUI case does not mean a conviction is inevitable.
An experienced attorney who understands how local courts and prosecutors treat DUI-related cases can fight aggressively to protect your constitutional rights and help you secure a desirable outcome.
Offenses the Court Will Consider as Priorable in Your DUI Case
Most people do not know DUI is a priorable offense. That means DUI convictions that occurred within the past ten years will count as a prior during your sentencing hearing, attracting harsher penalties upon a conviction for any subsequent DUI offense.
While a first-time DUI offense will not likely land you in jail, a subsequent DUI offense within a ten-year “lookback” period will attract harsh penalties. Below are examples of priorable DUI-related crimes that could affect the harshness of your sentence upon a fifth-time DUI charge conviction:
- Reckless driving
- Driving under the influence
- DUI with injury
- Driving with a blood alcohol concentration (BAC) that exceeds 0.08%
What to Expect at the Bail Hearing After an Arrest for an Alleged Fifth-Time DUI Offense
If you are under arrest or charged with a fifth-time DUI offense, securing your freedom as the alleged case continues should be your priority. One way you can do that is by posting bail with the court’s clerk to secure a pretrial release pending your case’s trial date. At your case bail or arraignment hearing, the judge will do the following:
- Inform you of the allegations you are up against
- Inform you of your legal right to have a public defender represent you if you cannot afford a personal attorney
- Inform you of your plea choices, including "guilty," “not guilty,” and “no contest” plea
- Determine your eligibility for bail
Whether or not you are eligible for a pretrial release before receiving your DUI case’s verdict will depend on various factors, including:
- The strength of your attorney's mitigating arguments
- Your ties to the community
- The circumstances and nature of the DUI allegations you are up against
- Whether you have a record of jumping bail
- Whether you are threat to public safety
What the Prosecutor Must Prove to Secure a Fifth-Time DUI Charge Conviction Against You
Below are critical facts that the prosecution team must prove at your case’s trial hearing to secure a fifth-time DUI charge conviction against you:
- You were operating an automobile under the influence of drugs or alcohol or with a BAC of 0.08 percent or above
- You received at least three DUI-related convictions within the last ten years
It is worth noting that the ten-year “lookback” period involves the date you committed the offense and not the date you received a conviction for a priorable DUI-related offense. Some of the evidence the prosecutor will present at trial to prove that you have a past DUI conviction on your record include:
- Department of Motor Vehicles (DMV) records, including prior records for driver's license suspension or revocation for a DUI offense
- Court records
- Certificate of completion of any court-ordered program, including alcohol and drug counseling programs
Unlike first-time and second-time DUI offenses, a fifth-time DUI offense is chargeable and punishable as a felony.
Potential Penalties You Should Anticipate Upon a Fifth-Time DUI Charge Conviction
If you already have four DUI convictions on your record, you are undoubtedly aware of how serious the penalties of a fifth-time DUI conviction can be. Depending on the facts of your case, the court could decide your sentence at the trial hearing upon a conviction, or he/she could schedule a separate sentencing hearing.
Regardless of the case, you should anticipate the following legal penalties upon a fifth-time DUI charge conviction:
Imprisonment
The court will require you to serve up to three years of jail time upon a conviction for a fifth-time DUI offense.
Installation of an IID (Ignition Interlock Device) on Your Vehicle
An IID device is a gadget that prevents your vehicle from igniting when it detects alcohol in your breath vapor. The court will require you to install and maintain an IID at your own expense for at least one (1) year once you receive your license.
Loss of Your Driving Privileges
The court will suspend your driver's license (DL) for at least four (4) years upon conviction for a fifth-time DUI offense. That can significantly impact your life, especially if you rely on the vehicle for your daily errands.
Completion of a Court-Approved DUI School
The court will require you to complete a DUI school for not less than thirty (30) months. The cost of the DUI programs you will go through will be yours.
Hefty Fines
The fine the court will require you to pay upon a fifth-time DUI charge conviction could range between $390 and $1,000.
Being Designated as a Habitual Traffic Order (HTO)
If you are designated as an HTO, the designation will stay on your record for up to three (3) years and will lead to the suspension of your DL for that period.
Probation
With your attorney's legal assistance, you could qualify for formal probation instead of a jail sentence upon a fifth-time DUI charge conviction. However, the probation will come with a set of conditions and requirements that you must comply with, including:
- Stay crime-free.
- Pay restitution
- Perform community service
- Abstain from alcohol
- Enroll in an alcohol and drug treatment program
- Agree to random BAC tests by a court-appointed probation officer
Examples of Aggravating Factors That Can Enhance Your Sentence Upon a DUI Charge Conviction
Your penalties for a fifth-time DUI charge conviction will grow harsher if your fifth-time DUI case has certain aggravating factors. Examples of these aggravating include (but are not limited to) the following:
- Reckless driving and speeding
- Having a BAC of 0.15% or above
- Drunk driving with a minor in your vehicle
- Drunk driving while on probation for a DUI offense
- Causing an auto accident
- Refusing to consent to BAC chemical blood or urine tests upon an arrest
You will rely on your attorney to present mitigating evidence and arguments that can challenge these aggravating arguments to receive the minimum sentence possible for a fifth-time DUI charge conviction.
Collateral Consequences Associated With a Fifth-Time DUI Charge Conviction
Unfortunately, the consequences of a fifth-time DUI charge conviction could follow you even after serving your sentence and paying all your dues for the offense. Because a fifth-time DUI charge will remain on your criminal record, it could be challenging to retain or find reliable employment after serving your jail sentence. That can make it difficult for you to finance your daily life and your loved one's needs.
When your prospective landlords conduct a background check on you and realize that you have a felony fifth-time DUI charge conviction on your record, chances are they will not accept your application to rent their property.
If you are a foreigner or alien, a fifth-time DUI charge conviction could attract negative immigration consequences, including deportation. That is true, regardless of your stay here and your occupation.
Legal Defenses to a Fifth-Time DUI Charge
Unfortunately, you will not qualify for pretrial diversion when charged with a fifth-time DUI offense. That means you should be ready to challenge the allegations you are up against at trial. During the trial hearing, your attorney can challenge the DUI allegations you are up against by raising the following legal defenses:
The Field Sobriety Tests (FSTs) Results Were Inaccurate
The prosecutor will present your FST results in court to show that you were impaired, but your attorney can challenge their accuracy and reliability by arguing that:
- The officers conducting the FSTs were untrained
- The location where you performed the tests was unlit or slippery
- You had a leg injury
You Were Not Driving
To secure a fourth-time DUI charge conviction against you, the prosecutor must prove that you were driving. Therefore, you would not be guilty of a fourth-time DUI offense if you were not operating a vehicle at the time of the arrest.
Your Arrest Was Unlawful
A police officer cannot arrest and detain you unless he/she has probable cause to believe that you were drunk driving or have committed another criminal offense. It is upon the prosecutor to prove that the arresting officers followed proper protocols before arresting you as a suspect in a DUI case.
If your attorney can prove that the arresting officer lacked probable cause to arrest you, the court could dismiss or reduce your fifth-time DUI charges.
There Are Different Explanations for the Objective Signs of Impairment You Exhibited
The prosecutor will also rely on objective signs of intoxication that compelled the arresting officer to believe you were driving under the influence to secure a fifth-time DUI charge conviction against you. Examples of these objective signs of intoxication or impairment include:
- Watery eyes
- Red eyes
- Slurred speech
However, these objective signs of intoxication are not necessarily caused by alcohol and drug use. Your attorney can argue that the objective signs of intoxication you exhibited were due to innocent reasons like fatigue, allergy, or infection to secure the best possible outcome.
Your Chemical Test Results Were Inaccurate
Even lawmakers understand that BAC chemical test results are prone to errors for several reasons. For example, your BAC test results could be inaccurate because the breathalyzer used to collect your breath sample had mechanical issues, or the containers used to store your blood samples were dirty and unsterilized.
If these defenses work in your favor, meaning your attorney's evidence and arguments are convincing beyond a reasonable doubt, the court will likely drop or reduce your charges.
Offenses Related to Fifth-Time DUI
The prosecutor could file any of the following closely related offenses against you if he/she lacks sufficient evidence to secure a fifth-time DUI conviction against you:
Felony DUI
While in most cases, the prosecutor will file DUI cases as a misdemeanor, your unique case could attract felony charges if:
- You caused an auto accident or injury
- You have a prior felony DUI on your record
A conviction for a felony DUI offense could attract up to three years of jail sentence and a fine not exceeding $10,000.
Watson Murder
You commit a Watson murder offense when you cause a fatal accident while driving under the influence of alcohol or drugs. The prosecutor will file this charge against you if you have a prior DUI conviction on your record and you received or signed a Watson admonition, agreeing you understand that a subsequent DUI charge could attract murder charges.
If you are guilty of a Watson murder offense under PC 187, your sentence could include the following:
- Up to fifteen (15) years to life in jail time
- A fine not exceeding $10,000
- A strike on your record under the Three Strikes Law
DUI Causing Injury
Another offense the prosecutor could file against you if he/she lacks sufficient to secure a fifth-time DUI charge conviction against you is DUI causing injury under VC 23153. You commit the crime of DUI causing injury when you cause another person to sustain an injury while driving under the influence.
The prosecutor could file VC 23153 charges against you even if you do not have prior DUI convictions on your record. A conviction under this statute will attract misdemeanor or felony penalties. When charged as a misdemeanor, a VC 23153 violation conviction will attract a fine of up to $1,000 and up to one (1) year of jail time.
However, if your offense is a felony, your sentence could include up to three years of jail sentence and a fine not exceeding $10,000.
Find a Defense Attorney Near Me
A fifth-time DUI charge conviction could attract serious penalties that can negatively affect your professional and personal relationships. Therefore, you should give these allegations the seriousness they deserve and consult an attorney if you are under arrest or investigation as a suspect in a fifth-time DUI case.
We invite you to call our reliable and credible DUI attorneys at the Law Offices of Jonathan Franklin at 310-273-9600 if you are under arrest or charged with a fifth-time DUI offense in Los Angeles.
