At Spital & Associates, our firm’s founder, Samuel Spital, and his associates have more than 100 years of combined legal experience. Sam had worked for almost eight years as a Deputy Attorney General where he worked in the Criminal Division handling Writs in the Los Angeles Superior Court representing the DMV of California. He has personal experience prosecuting crimes and, therefore, has unique insight into how prosecutors prepare their cases. He uses his own 39 plus years of experience and valuable knowledge, along with that of his team of Senior Associate Attorneys, to provide aggressive defense with their strategic offense arguments for these and other criminal charges.

What are the Penalties if Convicted Again?

If you are convicted of multiple DUI  or certain lower included offenses, within 10 years, you face severe penalties that will seriously affect your current and future employment &/ or professional career, since an employer routinely does a background check and State regulatory agencies are automatically notified of an arrest and this can prevent you obtaining and/or keeping a state Board license in California unless you have a top DUI and state license lawyer on your side. We will fight for you if there are multiple convictions that can result in severe penalties, including huge fines and:

  • Second DUI offense:
    • 96 hours to one year in jail
    • Two-year license suspension
  • Third DUI offense
    • You can be classified as an “habitual offender”
    • 120 days to one year in county jail
    • Three-year license suspension
    • Ignition interlock device installed
  • Fourth DUI offense
    • You can be charged with a felony DUI
    • 180 days to one year in jail or possible state prison
    • Four-year license suspension
    • Ignition interlock device installed

If you were on probation for a driving under the influence conviction when you were arrested you can be charge as a repeat offender no matter the level of the BAC test.

When Is a DUI a Felony?

The prosecutor’s office in San Diego can choose to charge a fourth DUI, DWI, drunk driving or driving under the influence offense in 10 years as a Felony DUI. You may also be charged with Felony DUI if you have a prior Felony DUI on your record. Even if this is the first time you were arrested, you can be charged with a Felony DUI if it resulted in an accident in which a serious injury or death occurred.

Felony DUI charges carry much greater penalties and the unintended consequences for your future reputation, employment opportunities and professional license should be given your highest priority. At Spital & Associates, we will fight to have your felony reduced to a misdemeanor or lesser included offense if it cannot be dismissed.

What are the Defenses to a Second, Third or Felony DUI?

The defenses to a first-offense DUI apply to multiple-offense drunk driving charges. If you have been charged with any DUI offense, we will determine whether:

  • The officer made any mistakes during the stop;
  • Your arrest lawful;
  • You actually were driving the vehicle;
  • You had a blood alcohol content (BAC) of over .08;
  • The DUI breath test worked properly;
  • The evidence from the breath test is inadmissible;
  • Your blood test results are appropriate;
  • The any evidence is inadmissible; and,
  • The officer gave you a proper field sobriety test.


We are as close as your telephone or you can send an email. Contact us today and we will provide you with an initial free consultation.

Main Offices
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Telephone: 619.583.0350
Fax: 619-583-1850

Chula Vista Associate’s Office
By Appointment Only
Chula Vista, Ca. 91910
Call for FREE Consultation: 619.583.0350 or send us an e-mail.

We are available from 7am-to 9pm daily.
Call 619.583.0350 or send us an e-mail.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.