Under California law, you can be arrested and charged with drunk driving if you operate a motor vehicle with a blood alcohol content that exceeds the legal limit or when your conduct is impaired by alcohol or another drug. California has set different legal limits for blood alcohol depending on the type of driver’s license with which you are operating.

Your BAC is determined using blood or breath samples administered before and after your arrest. Drunk driving is a priorable offense. This means that your past conviction for a drunk driving offense will impact your sentencing and punishment for subsequent offenses. You can be charged with a fourth DUI offense if you have up to three prior convictions for drunk driving, DUI causing injury, commercial DUI, or wet reckless in California.

A fourth DUI conviction under California Vehicle Code 23152 is charged as a felony or a misdemeanor. You will benefit from our legal counsel at California Criminal Lawyer Group if you or a loved one is charged with a fourth DUI offense in Bakersfield, CA.

Overview of a 4th DUI Offense

You could be charged with a fourth offense under California Vehicle Code 23152 if you have up to three prior DUI convictions on your record within ten years. The ten-year look-back period for DUI convictions starts counting from the date of your arrest.

Since DUI is a priorable offense, the severity of your penalties will increase with the number of prior convictions. Before you face a conviction for a fourth offense of DUI, the prosecution must prove the following elements of the crime:

You Drove a Vehicle Under The Influence of  Drugs or Alcohol

The first element that must be clear in every DUI case is that you operated a vehicle under the influence of alcohol or drugs. In California, you cannot be charged with drunk driving for sitting behind the wheel of a parked vehicle while intoxicated. Therefore, the prosecution must present sufficient evidence showing you drove the vehicle.

The prosecution will prove your intoxication by presenting evidence of your BAC results. When your vehicle is stopped at a DUI checkpoint or on suspicion of drunk driving, the arresting officer will administer a breathalyzer test. If your BAC from this test is 0.08% or more, you will be arrested and taken to the police station, where the BAC is confirmed through a blood test.

The results of the blood and breathalyzer tests play a significant role in your DUI case. Additionally, the prosecution can prove this element by showing that your conduct when operating the vehicle was impaired. You are considered impaired if you exhibit signs like failing a field sobriety test, swerving while driving, and running a red light, among others.

You Have At Least Three Prior DUI Convictions on your Record

Evidence of intoxication will only be enough to find you guilty of drunk driving. If you are charged with a fourth DUI, the prosecution must prove that you have three or more convictions for the following offenses on your record:

  • Driving under the influence. Under California VC 23152(a), driving under the influence entails operating a vehicle while intoxicated with drugs or alcohol.
  • California Vehicle Code 23152(b). This statute prohibits driving a vehicle with a blood alcohol content that exceeds the 0.08% legal limit for drivers operating on a standard driver’s license.
  • Wet reckless. You cannot be arrested or charged with a wet reckless. Instead, the charge arises as a plea for defendants facing DUI charges. You will be convicted of a wet reckless if you seek a reduced sentence for your drunk driving. However, a wet reckless is still a prior, and having the conviction on your record makes you a repeat offender.
  • DUI-causing injuries. A conviction for DUI-causing injuries arises when the prosecution can prove that you drove under the influence of alcohol and you caused an accident that resulted in another person’s injuries.

A conviction for these offenses will count as priors in your case even after obtaining an expungement. Therefore, you must have a skilled lawyer to help you navigate your case.

Sentencing and Punishment for a 4th DUI offense in California

A fourth DUI offense is a wobbler. The offense can be charged as a felony or a misdemeanor, depending on the circumstances of your case and the nature of your prior DUI convictions. You could face the following penalties if you are convicted of the offense:

  • Incarceration. If your offense is charged as a misdemeanor, a conviction for a fourth DUI will see you spend up to one year in county jail. A felony conviction, on the other hand, is punishable by a prison sentence ranging from sixteen months to three years.
  • Driver’s license revocation for up to four years. Revocation of your driver’s license is a more severe consequence than suspension. If your license is revoked, obtaining a restricted driver’s license to drive to work and school could be more challenging. After four years of revocation, you must apply for a new driver’s license.
  • Fines. In addition to incarceration, the court could order you to pay fines of up to $10,000 after your fourth DUI conviction.
  • Felony status. When charged with a felony, a fourth DUI conviction will leave you with felony status. Being a convicted felon will reflect negatively as you seek employment, a place to live, or even a professional license.
  • DUI classes. The court will order you to attend up to thirty months of DUI education after your conviction.
  • Ignition interlock device installation. An ignition interlock device is a dashboard Breathalyzer, which you must install on every vehicle you operate after your conviction. The device requires inputting an alcohol-free breath sample before starting your vehicle.
  • Priorability. A DUI conviction remains on your record for up to ten years. If you are convicted of another offense, you will face harsher penalties.

Probation for a fourth DUI Offense

The court can sentence you to probation instead of incarceration after your conviction for a fourth DUI offense. A probation sentence allows you to serve a portion of your jail or prison sentence on community service. Probation is available for defendants facing felony or misdemeanor charges for a fourth violation under California Vehicle Code 23152. The court imposes the following conditions that you must follow while on probation:

  • Avoid driving with measurable alcohol in your blood. For defendants on probation for a fourth offense DUI, the zero alcohol tolerance law applies. Driving with a BAC of 0.01% or higher is a probation violation.
  • Submit to a preliminary alcohol screening test at traffic stops. If traffic officers stop you while on probation, you must take a PAS test.
  • Avoid committing other offenses while on probation.
  • Participate in AA meetings.

Violating one or more of the probation conditions could result in arrest and charges for probation violations. If you are found guilty of a probation violation, the court can revoke your probation and impose the maximum penalty for your offense.

Aggravating Factors for a Fourth DUI Conviction

An aggravating factor is a circumstance that makes your offense more serious. You risk facing harsher penalties for your fourth DUI offense if the following factors are present in your case:

  • Failure to submit to chemical tests. By obtaining and using a driver’s license in California, you consent to submit to a blood or breathalyzer test when you are stopped on suspicion of drunk driving. Although law enforcement officers cannot force you to take the tests, failure to submit to chemical tests could result in additional time behind bars.
  • Reckless driving. Your DUI case begins when an officer stops your vehicle on suspicion of drunk driving. If the probable cause that caused your arrest was driving over speed limits or other reckless driving, you could face additional penalties for your conviction.
  • Watson murder. If you cause an accident that claims another person’s life during your fourth DUI offense, you could be charged with Watson murder alongside 4th DUI offense charges. A conviction for Watson murder is punishable by a prison sentence of up to fifteen years.
  • Having a minor under fourteen years as a passenger. Having a minor under the age of fourteen as your passenger when you drive under the influence of alcohol could increase your sentence by up to ninety days in jail or prison. Additionally, you will be charged with child endangerment along with DUI.

DMV Penalties for a Fourth DUI Offense

The Department of Motor Vehicles works with the courts to impose harsh punishment for defendants facing charges for a fourth DUI offense. Although the court will impose a license suspension after your conviction, the Department of Motor Vehicles will attempt to suspend your driving privileges before your DUI criminal case goes to trial. After an arrest for drunk driving, the arresting officer will confiscate your driver’s license and issue a notice of suspension.

After the arrest, you will have up to ten days to request and attend a DMV hearing. Failure to schedule a DMV hearing will result in an automatic license suspension at the end of thirty days from the date of your arrest. When you schedule a DMV hearing, the suspension of your license is delayed. A DMV hearing is a less formal hearing presided over by a DNMV officer.

The prosecution must prove, by ‘preponderance of the evidence,’ that you drove under the influence of alcohol. While the burden of proof lies on the prosecution, the requirements for the DMV hearing are lower than the standard needed for a criminal case. At your DMV hearing, you have the right to:

  • Testify on your behalf.
  • Cross-examine witnesses, including the arresting officer.
  • Present witnesses to testify for you.
  • Challenge the evidence presented against you.

The DMV hearing does not impact the outcome of your criminal case. However, scheduling and attending the hearing allows you to assess the evidence that the prosecution has in your DUI case and use it to build a defense in your case. You can also retain your driving privileges while battling your fourth DUI offense.

Some of the defenses you can present for your DMV hearing include:

  • Lack of probable cause for an arrest.
  • Inaccuracy of the blood and Breathalyzer tests.
  • Give psychological explanations for your high BAC.
  • Flaws in your arresting procedures.
  • Violation of your constitutional rights.

A loss in your DMV hearing for your fourth or subsequent DUI will result in a driver’s license suspension for up to four years. After a year of license suspension, you can convert the suspension to a restriction after one year. A restricted license allows you to drive to work, school, and court-ordered programs. Before driving on a restricted license, the court will mandate that you install an ignition interlock device on your vehicle.

Legal Defense Against a 4th DUI Charge in California

A conviction for a fourth DUI will not only take away your freedom but can also impact other aspects of your life. Therefore, you must hire a reliable defense attorney to help you fight the charges. Common defenses you can present in your case include the following:

You were not driving

Under California law, a DUI charge will not stick unless the prosecution proves beyond a reasonable doubt that you operated a vehicle. If your DUI arrest did not occur at a DUI checkpoint, you could argue that you were not the person driving the vehicle. This could result in an acquittal or dismissal of your case.

Your BAC was Under the Legal Limit

The most critical evidence in your 4th offense DUI conviction will be the results of your blood and breathalyzer tests. These results show whether your BAC exceeded the legal limit. You can argue that you were not intoxicated by creating doubt about the accuracy of the test results.

A skilled criminal defense attorney can attack the prosecutor's evidence on your BAC by arguing that the breathalyzer device was faulty or that incorrect procedures were used in handling your blood sample. Additionally, your BAC was rising, and at the time of driving, it was lower than 0.08%.

Lack of Probable Cause for a DUI Stop or Arrest

Unless your vehicle is stopped at a DUI checkpoint, the traffic officers must have probable cause for stopping your vehicle. A probable cause could be built into your conduct when operating a vehicle or from an anonymous tip. After carrying out their DUI investigations at the stop, the officers must have probable cause to arrest you and take you to the police station.

In most cases, a probable cause for a DUI arrest could be a failed field sobriety test and a Breathalyzer test for BAC exceeding the legal limit. If your DUI investigation begins with an illegal DUI stop or arrest, you can petition the court to remove the evidence collected from your case. This can weaken the prosecutor’s case and increase your chances of beating the charges.

Offer Alternative Explanations for your High BAC

A breathalyzer test detects all forms of alcohol in your mouth. For this reason, intoxication may not be the only reason for a high BAC from the breath test. You can prove that the Breathalyzer results were inaccurate due to mouth alcohol from foods or medications you consumed before operating the vehicle. Additionally, having conditions like type 2 diabetes could be a reasonable explanation for the Breathalyzer results.

Violation of your Constitutional Rights

Even when you are suspected of driving under the influence of drugs, the arresting officers must follow the proper procedures for arrest and interrogation. This includes reading your Miranda rights to notify you of your right to remain silent and the right to obtain legal representation. If your rights were violated during the DUI arrest, you could use this as a defense in your case.

Frequently Asked Questions About 4TH Offense DUI

Facing an arrest and charges for a fourth DUI offense is a nerve-wracking experience. The thought of facing harsh penalties and other repercussions of a conviction can take a toll on you. After an arrest, you may be confused about the right steps you need to take to protect your rights and beat the charges. The following are frequently asked questions about a 4th offense DUI in California:

  1. Do I need to go for drug or alcohol treatment after a fourth DUI conviction?

In addition to incarceration, fines, and driver’s license suspension, defendants convicted of a fourth DUI must undergo a driving or alcohol treatment program. The state assumes that you have a drug problem from driving while under the influence for up to four years within ten years. Although being ordered into a treatment program could be an unpleasant and significant inconvenience, accepting it indicates your willingness to receive treatment and rehabilitation.

For this reason, your DUI attorney could recommend that you seek drug treatment before the court orders you to do so. Some of the benefits of seeking treatment include:

  • The initiative to seek treatment can change the outcome of your case.
  • You have control over the type of treatment you receive and can plan for hours convenient for your schedule.
  • You can negotiate an arrangement for drug treatment in exchange for a reduced sentence.

  1. What are the chances of winning a fourth DUI offense charge?

Being a repeat DUI offender will result in harsh penalties after your conviction. However, facing an arrest and charges for a fourth offense does not mean you will be convicted. Before your conviction, the prosecution must prove all the factors of the offense beyond a reasonable doubt. The prosecution must show that you drove a vehicle while intoxicated and that you have up to three prior convictions.

With the guidance of a skilled DUI lawyer, you can create doubt in the prosecutor’s case by disputing the accuracy of the BAC test results or by claiming a violation of your constitutional rights during the arrest.

  1. Can I Expunge a Conviction for a 4th DUI?

Yes. You might be eligible to expunge your fourth DUI offense under California Penal Code 1203.4.  An expungement helps you can avoid the collateral consequences of a criminal conviction through expungement. However, you can only expunge the conviction if you did not serve prison time for your crime.

This will occur if your offense is charged as a misdemeanor or you were sentenced to jail time and probation instead of prison time. In addition to this requirement, you must have completed your probation. Successful completion of probation means you served the entire probation term and followed through with all the probation conditions.

Expunging your fourth DUI will involve filing a petition with the court and attending an expungement hearing. After an expungement, your conviction cannot be used against you by employers or landlords. However, you must understand that the expungement will not reverse your driver’s license revocation.

Find a Competent DUI Defense Attorney Near Me

You will be charged with a 4th DUI offense if you are arrested for drunk driving and have up to three prior DUI convictions in the past ten years. California law is strict on repeat offenders. For this reason, a 4th DUI offense attracts severe punishment, including prison time and hefty fines.

The consequences of a conviction for a fourth DUI go beyond incarceration and fines. You could suffer a driver’s license suspension and have a permanent criminal record, impacting other aspects of your life. While you navigate the charges for a fourth DUI offense, you stand a better chance of seeking leniency from the court by having a knowledgeable DUI defense lawyer by your side. Your attorney will negotiate with prosecutors to reduce your charges, offer alternative sentences, or dismiss your case.

At California Criminal Lawyer Group, we believe that your prior DUI convictions should not impact your ability to receive fair treatment in court. We will work hard to build a strong defense against your charge for a 4TH DUI offense and secure a favorable outcome. We serve clients battling drunk driving charges in Bakersfield, CA. Call us at 661-750-8230 to discuss the details of your case.