Felony and Multiple Convictions

You’ve already seen how prosecutors go after people accused of driving under the influence (DUI)  — you’ve been there. Even if they were lenient to you, you don’t want to face it again. If you are accused of drunk driving or driving under the influence of drugs or alcohol, the attorneys at Spital & Associates are ready to fight for you. No matter how many times you’ve been pulled, we can help find a winning solution.

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

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 future employment and or professional career, whether with a governmental agency, an employer who does a background check, or an agency when you later seek to obtain a state Board license in California. Our lawyers fight against multiple convictions and penalties, such as huge fines and:

  • Second DUI offense:
    • 96 hours to one year in jail
    • Two-year license suspension
  • Third DUI offense
    • May be classified as an “habitual offender”
    • 120 days to one year in jail
    • Three-year license suspension
    • Ignition interlock device installed
  • Fourth DUI offense
    • Can be charged as felony DUI
    • 180 days to one year in jail, including possible time in prison
    • Four-year license suspension
    • Ignition interlock device installed

Additionally, if you were on probation for a driving under the influence conviction when the police, Sheriff or CHP pulled you over, they can charge you for being a repeat offender, no matter how much alcohol the BAC test found on your breath.

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 in San Diego if you have a prior Felony DUI on your record. Even if this is the first time you are facing these charges, you may face a Felony DUI if the accident you were in led to someone’s serious injury or death.

Felony DUI charges carry greater penalties and larger consequences for your future reputation, employment opportunities and professional licensing matters. If we cannot get case completely dismissed, we will fight to have your felony reduced to a misdemeanor or lesser included offense.

Aggressive Defense 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 of these offenses, we will ask:

  • Did the arresting officer make any mistakes during the stop?
  • Was your arrest lawful?
  • Were you actually driving the vehicle? Did you have a blood alcohol content (BAC) of over .08?
  • Did the DUI breath test work properly? Is the evidence from the breath test admissible?
  • Are your blood test results appropriate? Is the evidence inadmissible?
  • Did the officer give you a field sobriety test? Did he or she do the test properly?