What Should People Do if They Have a 4th DUI in California?
- By Phoenix Delray
- Published 11/4/2011
- Legal
- Unrated
People who have a 4th DUI in California need to contact a specialist in this type of law immediately. This is one of the most serious levels of driving under the influences charges in this state. It can cause years of ones life to be lost in the prison system. Obtaining an attorney should be the first thing that happens after one is arrested.
This charge will generally result in months or years in prison time. Hiring an attorney who specializes in this type of law may provide a way to either reduce the time served, or in some cases get the charges thrown out completely. As with all types of these charges, time is of the essence in getting the attorney to start working on the case.
One of the key factors will be if the attorney can obtain a DMV hearing for the 4th DUI offense.
There is only a ten day window of opportunity from the time of the arrest to obtain this. There is no way to get an extension or postponement. The attorney will need to gather evidence from witnesses, the arresting officer, audio or video information about the arrest or 911 tapes. Many times there are er
rors in how the machines that do the breath testing are set up. These can give a wrong result if they are improperly maintained or incorrectly calibrated. Sometimes there is an error on how the traffic stop was conducted, the arrest was handled or the information was obtained. If any of these factors come into play, the arrest may be thrown out.
Even if the case goes to court, the attorney may be able to introduce things about the clients background that can help prevent or reduce jail time. He or she may be able to call in character witnesses or other forms of documentation to assist the client. In some cases, there are alternatives for sentencing such as the SCRAM program that may require the client to work with a rehabilitation program.
In many cases, this type of arrest is considered a felony. This will take into consideration whether or not the person was involved in an accident in which someone was killed or injured as well as previous arrests. It can also have to do with how long of an interval was involved for the other arrests prior to the 4th one. Should they all be within a 10 year time span, it is likely to be considered to a felony for a 4th DUI in California.
This charge will generally result in months or years in prison time. Hiring an attorney who specializes in this type of law may provide a way to either reduce the time served, or in some cases get the charges thrown out completely. As with all types of these charges, time is of the essence in getting the attorney to start working on the case.
One of the key factors will be if the attorney can obtain a DMV hearing for the 4th DUI offense.
There is only a ten day window of opportunity from the time of the arrest to obtain this. There is no way to get an extension or postponement. The attorney will need to gather evidence from witnesses, the arresting officer, audio or video information about the arrest or 911 tapes. Many times there are er
Even if the case goes to court, the attorney may be able to introduce things about the clients background that can help prevent or reduce jail time. He or she may be able to call in character witnesses or other forms of documentation to assist the client. In some cases, there are alternatives for sentencing such as the SCRAM program that may require the client to work with a rehabilitation program.
In many cases, this type of arrest is considered a felony. This will take into consideration whether or not the person was involved in an accident in which someone was killed or injured as well as previous arrests. It can also have to do with how long of an interval was involved for the other arrests prior to the 4th one. Should they all be within a 10 year time span, it is likely to be considered to a felony for a 4th DUI in California.
Phoenix Delray
For more information on a 4th DUI offense in California, please visit our website.
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