Repeat & Felony DUI: What Are the Consequences of Multiple Offenses?

California has some of the toughest DUI laws in the country, and repeat offenses can quickly escalate from misdemeanors to felonies. Understanding the legal penalties, potential defenses, and long-term effects of multiple DUI convictions is essential for anyone facing these charges.

California law does provide legal options for reducing or challenging DUI charges, but these cases require a strong defense strategy to examine factors such as faulty breathalyzer tests, improper police procedures, or violations of constitutional rights.

As an experienced DUI law attorney at the Law Offices of Andrew C. Janecki in Santa Cruz, California, I’ve represented many individuals facing DUI charges in California.

Repeat DUI Charges in California

One mistake behind the wheel can lead to serious legal trouble, but when someone is charged with multiple DUI offenses, the consequences become even more severe.  A second or third DUI conviction carries harsher penalties, including longer license suspensions, mandatory alcohol education programs, and increased fines. In many cases, repeat offenders must install an ignition interlock device (IID) in their vehicles, which requires a breath test before the car can start. 

Jail time also becomes more likely with each subsequent offense, and judges have less flexibility when imposing sentences. For those who reach a fourth DUI within ten years, the charge becomes a felony, bringing the possibility of significant prison time and a permanent criminal record.

Beyond legal penalties, multiple DUI convictions can have lasting personal and professional consequences. A felony DUI can make it difficult to find employment, secure housing, or maintain professional licenses. 

In some cases, individuals may face restrictions on travel or child custody disputes influenced by their criminal history. In California, a DUI conviction remains on a person’s driving record for ten years.

That means any additional DUI offenses within that period will be treated as repeat offenses, with penalties increasing significantly. A first DUI is typically charged as a misdemeanor, but with each subsequent offense, the consequences become more serious.

A second DUI within ten years can lead to mandatory jail time, longer license suspensions, and higher fines. By the time someone reaches a third DUI, penalties increase even more, including the possibility of longer incarceration and mandatory alcohol education programs. 

What Makes a DUI a Felony?

While most DUI charges start as misdemeanors, several factors can elevate them to felonies. The most common way someone is charged with a felony DUI is by having at least three prior DUI convictions within a ten-year period. However, there are other circumstances where a DUI becomes a felony, even if it’s a first or second offense.

A DUI that causes injury or death is one of the most serious offenses under California DUI law. If a person is involved in an accident while driving under the influence and someone is seriously hurt or killed, the DUI can be charged as a felony. 

In cases involving fatalities, prosecutors may even pursue vehicular manslaughter or second-degree murder charges, which carry decades in prison.

Additionally, anyone with a prior felony DUI conviction will face felony charges for any subsequent DUI, regardless of how much time has passed. Once a person has a felony DUI on their record, every future DUI will be prosecuted at the felony level, with harsher penalties each time.

Legal Penalties for Repeat and Felony DUIs

The penalties for multiple DUI offenses in California are severe, and judges are generally less lenient with repeat offenders.

A second DUI conviction typically results in:

• A jail sentence of up to one year

• Fines reaching several thousand dollars

• A two-year license suspension

• Mandatory completion of a DUI education program

• Installation of an ignition interlock device on any vehicle the person drives

A third DUI increases these penalties further, often leading to longer jail sentences and extended license suspensions.

For a felony DUI law, the consequences are much more severe. A fourth DUI conviction can result in:

• A prison sentence of 16 months to three years

• A license suspension of up to four years, with the possibility of permanent revocation

• Thousands of dollars in fines

• Mandatory alcohol treatment programs

• A permanent felony record

For a DUI causing injury, penalties depend on the severity of the injuries. A person convicted of DUI with injuries could face several years in prison, restitution payments to the injured party, and a lengthy license suspension.

If a DUI results in a fatality, the charges can range from vehicular manslaughter while intoxicated to second-degree murder, carrying sentences of several years to life in prison.

Long-Term Consequences of Multiple DUI Convictions

Beyond the immediate legal penalties, a repeat or felony DUI conviction can have lasting effects on someone’s life. 

A felony conviction can make it difficult to find employment, as many employers are hesitant to hire someone with a serious criminal record in DUI law. Some professional licenses may be revoked or denied due to a felony DUI conviction.

Housing can also become an issue. Many landlords conduct background checks, and a felony conviction could result in denied rental applications. Additionally, car insurance rates increase dramatically after multiple DUI convictions, with some insurers refusing to cover drivers with felony DUI records.

Personal relationships can also suffer. A DUI conviction can impact child custody arrangements, especially if a judge believes the offense suggests a pattern of irresponsible behavior. A felony DUI can also result in the loss of gun rights and restrictions on international travel.

Potential Defenses in Multiple DUI Cases

While California’s DUI law is strict, there are legal defenses that can be used in some cases. One of the most important aspects of any DUI case is whether law enforcement followed proper procedures during the arrest. 

If the officer didn’t have probable cause to make the traffic stop or failed to conduct field sobriety tests correctly, it may be possible to challenge the charges.

The accuracy of breathalyzers and blood tests can also be disputed. If the device used to measure blood alcohol content wasn’t properly maintained or if there was an issue with how the test was administered, the results may not be reliable. 

Additionally, medical conditions or certain medications can cause falsely high readings on breath tests.

In some cases, a person’s rights may have been violated during the DUI arrest. If law enforcement failed to inform the driver of their rights or conducted an unlawful search, it may be possible to have evidence suppressed.

For felony DUI law cases involving injuries, the prosecution must prove that the defendant’s intoxication directly caused the accident. If there’s evidence that another driver was at fault or that other factors contributed to the crash, it may weaken the prosecution’s case.

Steps to Take After a DUI Arrest

For anyone facing multiple DUI charges, taking immediate action is critical. One of the most important steps is seeking legal representation. An experienced DUI law defense attorney can review the case, identify potential defenses, and work to minimize the penalties.

It’s also important to comply with any court orders, including license suspensions and alcohol education programs. Failing to follow these requirements can result in additional penalties and make the case more difficult to fight in court.

In some cases, seeking treatment for alcohol dependency can be beneficial. Courts may look more favorably on defendants who take steps to address potential substance abuse issues, and completing a treatment program may be a requirement for reducing penalties.

The Next Steps

At the Law Offices of Andrew C. Janecki, I understand the serious nature of these charges and the challenges individuals face in DUI law. I’m proud to serve Santa Cruz, California, and the surrounding areas of Palo Alto, San Jose, San Francisco, and Berkeley. Call today.