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Multiple Open DUI Cases

  • May 25, 2017

    When you have to deal with one DUI case, it’s a difficult and stressful situation, but some people in the Los Angeles area have to deal with more than one. This typically occurs when you have a prior conviction for driving under the influence or have multiple DUIs in your past. The prosecution and judge are naturally more concerned about defendants who have committed multiple DUI offenses. As a result, the penalties and sentences can be considerably harsher if the individual is convicted.

    What Happens with DUI Offenses That Occur Close to One Another?

    In the state of California, prior convictions for DUI are often used by the prosecution and result in more severe penalties and sentences. In any situation, if the defendant has one or more previous DUI convictions within the prior 10 years, it means they would face a mandatory term in jail, be entered into drug and alcohol class for 18 months, face higher fines and other penalties. In the event that the individual was on probation for a DUI offense at the time when a later offense was committed, violation of probation would be applied and there would be additional penalties to face in the new DUI case.

    California recognizes that some defendants may be charged with more than one DUI offense that occurs close to one another. In that situation, the state had qualms that the defendant could plead in the second DUI offense but then argue that the conviction could not be applied to make the first offense harsher. However, the California Legislature prevented this from happening by adding California Vehicle Code Section 23217 VC, which allows for a second DUI offense to include stricter penalties when there was a prior conviction within a time frame of 10 years. Whether the prior conviction was as severe doesn’t come into play and the penalties and sentencing are still more serious. In other words, the defendant cannot avoid the penalties and the first DUI offense can be used to enhance the penalties and sentence for the individual’s second DUI conviction.

    What Happens When You’re Dealing with Two or More DUI Cases Simultaneously?

    Sometimes, when an individual has a DUI case pending, he or she can end up arrested for a new DUI offense. If the subsequent DUI offense occurs in a different county or district, the prosecution handling the new case may be unaware of the first. In that situation, the judge involved in the original offense can either revoke the person’s grant or release them if he or she is involved in another DUI. As a result, the defendant can be arrested and brought into custody. If the individual is released, they are required to attend AA meetings and possibly wear an alcohol monitoring device. The judge in the second DUI case can also allow the individual to post bail for the prior offense and make them comply with condition release terms. However, once the individual is convicted of the first case, the prosecution in the second would obtain a record of the prior conviction and use it to enhance the sentence.

    Multiple DUIs and the DMV

    Whenever there are any DUI arrests in Los Angeles, the California DMV is automatically notified. If a driver has one offense, their driver’s license is suspended for four months. However, with any additional DUI offenses, the individual’s license is suspended for a full year. the person can ask for an administrative hearing to argue that.

    A DUI charge is very serious. If you or someone close to you is dealing with such a situation, you need a skilled team of Los Angeles DUI lawyers looking out for your best interests.

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