At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: San Rafael (415) 520-7182 | San Francisco (415) 520-6815
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The technical legal term is “prior ability period”, and this refers to how long California prosecution can go back within your record to locate and attach a previous DUI conviction to your current case. If this is done, it can enhance the potential penalties you’ll face.
Within California, this lookback period is 10 years. That means that you could get a DUI nine and a half years ago, then get another DUI tomorrow and be charged with a prior, making your most recent California DUI a “second offense.”
This enhances penalties and can make pre-trial conditions much stricter. You could potentially be required to attend meetings, wear an ankle bracelet, or be subject to monitoring even before you’re convicted.
If a previous DUI conviction was more than 10 years ago, it can not be used against you to classify your current DUI as a “second offense”, but can still be cited by prosecutors to show that you have a record and potentially increase penalties.
For a first DUI offense, the maximum penalty possible is six months in jail, though prosecutors will usually offer reduced jail time or jail alternative services. For a second DUI offense, the penalty increases to a maximum of one year in jail.
With regard to lookback periods, a second DUI within a 10-year span will count as a second offense. A second DUI after more than 10 years can not be counted as a second offense for penalty purposes, but prosecutors may still use your record to request the maximum penalty possible for a first DUI and/or extra jail time.
Attorney Aaron Bortel is a practiced, determined DUI attorney serving California. Since 1992, he’s helped clients just like you understand and mitigate the impacts of prior DUIs on their current case.
Have questions, or in need of legal guidance? Reach out to the Law Offices of Aaron Bortel for an initial consultation today.
Yes, they can, though it depends on the elements of the offense. If the state where you received the prior DUI conviction has similar DUI laws to California, it can be used against you.
Some states will convict you simply for sitting behind the wheel of a car while under the influence, even if the vehicle isn’t moving at all. In short, yes, a DUI conviction in another state can definitely impact how the prosecution in California approaches your case, and will make legal representation all the more important.
Technically, California law requires that the vehicle be in motion for you to be charged with a DUI. However, I have still seen clients get into trouble simply for sitting in their own vehicle while intoxicated or while asleep behind the wheel of a parked car.
It’s a very common thing to do, and the best course of action is not to get behind the wheel at all if you are under the influence. This helps you avoid police attention and avoid responding to questions in a way that could lead to further legal trouble.
If you must enter a vehicle while under the influence, get into the passenger seat or the back seat and, above all, don’t start or attempt to drive the car.
An initial DUI conviction and a lost administrative hearing will see your license suspended for four to six months. You will also need to complete a three-to-nine-month DUI school program. A second DUI within 10 years and a failed administrative hearing with the DMV will see your license suspended for one year and will require you to complete an 18-month DUI program.
Attorney Aaron Bortel is a practiced, determined DUI attorney serving California. Since 1992, he’s helped clients just like you understand and mitigate the impacts of prior DUIs on their current case.
Have questions, or in need of legal guidance? Reach out to the Law Offices of Aaron Bortel for an initial consultation today.
Yes, they can. In California, if you are driving with a BA between 0.05% and 0.08% and you are under the age of 21, this can be used against you for later license suspension purposes, but will not typically be used to count a DUI within the next 10 years as a second offense. Having said that, prosecution may still consider an underage DUI when determining a sentence.
Secondly, any license suspension related to alcohol if you are under age 21 will result in a one-year suspension of your license from the DMV.
This can be an especially serious issue for college students. There are “critical need licenses” available, which would allow you to drive to school and to work, but obtaining one will require you to go through the DMV and the court system.
An experienced, knowledgeable DUI attorney who actually knows the local District Attorneys (DAs) can be an immense help. Within my own legal practice, I only focus on DUI defense law. The DAs know me, I know them, and this respectful, professional relationship can be a great benefit to clients. While not all charges are substantially reduced, the familiarity and regard can be helpful.
When I handle your DUI case, DAs are more likely to listen and hear what you’re saying. I like to humanize my clients and help those filing charges see that you are a person with a background, not just a BAC number.
Your attorney will also dive deep into the evidence against you and will know how to question it. Was the machine used to test your BAC working properly? Had it been calibrated before use? I recently argued a case in which the chain of custody for evidence had been broken by the crime lab. These details are crucial and could help you win a case or at least see the charges against you reduced.
An experienced attorney can also help you request and win a hearing before the DMV, letting you keep your license and driving privileges. In short, never try to handle a DUI alone. Reach out to my law firm, and let me review the evidence against you.
For more information on DUI lookback periods in San Francisco, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling San Rafael (415) 520-7182 | San Francisco (415) 520-6815 today.
Attorney Aaron Bortel is a practiced, determined DUI attorney serving California. Since 1992, he’s helped clients just like you understand and mitigate the impacts of prior DUIs on their current case.
Have questions, or in need of legal guidance? Reach out to the Law Offices of Aaron Bortel for an initial consultation today.
