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Fourth DUI Offense

Defense Against a Fourth DUI/DWI Offense in California

In California, an offense is "priorable" if it has been committed within 10 years of a separate DUI, or "wet reckless" violation that resulted in a conviction. A fourth DUI within 10 years is a felony in California. [A DUI that causes injury to another can also be a Felony DUI].

The court procedures in a felony DUI case are different from those in a misdemeanor case in a number of very significant respects, and as a general rule, the client must be present in court at all stages of the proceedings.

With state prison as a possible direct consequence of a fourth DUI offense within 10 years, the stakes involved are substantially more serious than in a third offense situation. There are a number of important variables involved that can have a huge impact on the outcome of the case. What is at stake could be a minimum sentence of 180 days in jail to three years in state prison, an 18 month alcohol program, a four year license revocation, and other conditions of probation.

Throughout the case, Mark R. De Yoe will keep his client advised as to the work he is performing, and all future dates. San Diego attorney Mark R. De Yoe will fight to win one's DMV hearing, to save one's license from being independently revoked as a result of the Court case, and to keep his client out of state prison.

Due to the possibility of significant time in state prison, fourth [felony] DUI offenses are some of the most sensitive cases there are. In some cases, there are recognized alternatives to custody. Call Mark R. De Yoe at (619) 894-8295 for a valuable free initial consultation to learn more about dealing with fourth [Felony] DUI offenses.

The possible punishments and consequences of a fourth [Felony] DUI within 10 years are summarized in the current Superior Court of San Diego County DUI Addendum, set forth below [In addition to any fine imposed, the law requires the Court to add penalty assessments that substantially increase the amount one must pay].

Offense

Minimum and Maximum Sentences When Probation is Granted

Minimum and Maximum Sentences Without Probation

Fourth or Subsequent Offense Within
10 Years

180 days to one year in jail, a $390 to $1,000 fine, and completion of an 18-month alcohol/drug treatment program. The DMV will impose a four-year driver's license revocation.

16 months, or two or three years in state prison (or 180 days to one year in county jail); and a $390 to $1,000 fine. The DMV will impose a four-year driver's license revocation.

To learn more about the defense of a fourth [felony] DUI offense, email or call The Law Office of Mark De Yoe, APLC at (619) 894-8295 for a free initial consultation with an experienced DUI attorney.

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Mark R. De Yoe
Wells Fargo Plaza
401 B Street, Suite 2215
San Diego, CA 92101-4245

Phone (619) 894-8295
Toll Free 1 (888) 517-6521
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At The Law Office of Mark R. De Yoe, APLC, in San Diego, California, we defend people against DUI charges throughout the City and County of San Diego, including Chula Vista, Pacific Beach, Ocean Beach, Point Loma, Mission Valley, El Cajon, La Mesa, Julian, Ramona, Escondido, Eastlake, National City, Bonita, San Marcos, Oceanside, Encinitas, Solana Beach, Del Mar, University City, La Jolla, Carlsbad, Imperial Beach, Lemon Grove, Poway, Santee, Vista, Miramar, Camp Pendleton, Coronado, Mission Beach, Mission Valley, Solana Beach, Rancho Santa Fe, Cardiff by the Sea, Spring Valley, Scripps Ranch, Carmel Valley, Mira Mesa, Rancho Penaquitos, and more.

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